Petitioner

vs.

LIBERTY MUTUAL FIRE INSURANCE COMPANY

Respondent/Insurer for

UNITED PARCEL SERVICE

Employer.

This matter came on for trial on Wednesday, May 31, 1995, in Butte, Montana. Petitioner, Joan Reeves, was present and represented by Mr. Michael P. Sand. Respondent was represented by Mr. Larry W. Jones.

Exhibits 1 through 10 and 12 were admitted by agreement of the parties. There was no Exhibit 11. Depositions of Joan Reeves and Susan Kern were submitted to the Court for its consideration and were read by the Court. Joan Reeves and Susan Kern testified.

At the close of evidence, the Court heard argument from counsel and then entered a bench ruling denying petitioner's request for rehabilitation benefits while she pursues a masters degree. The Court made oral findings of fact and conclusions of law. The parties agreed that a transcript of the Court's bench ruling will constitute its findings of fact and conclusions and that the transcript shall be attached to the final judgment in this matter. The Court further informed the parties that judgment would not be final and appealable until it is reduced to writing.

THEREFORE, in accordance with the Court's bench ruling, the following judgment is entered:

1. The petitioner's request for rehabilitation benefits to permit her to pursue a masters degree is denied and her petition is dismissed.

2. The transcript of the Court's bench ruling, a copy of which is attached to this judgment, shall constitute the Court's findings of fact and conclusions of law.

3. The parties are responsible for their own respective attorney fees and costs.

4. The JUDGMENT herein is certified as final for purposes of appeal pursuant to ARM 24.5.348.

5. Any party to this dispute may have twenty (20) days in which to request a rehearing from this Judgment.

Dated in Helena, Montana, this 9th day of June, 1995.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Michael P. Sand
Mr. Larry W. Jones
Attached partial transcript of proceedings