Cases discussed: Abfalder v. Nationwide Mutual Fire Ins. Co., 2003 MT 180

MCCF v. Liberty NW and Rusco [7/30/03] 2003 MTWCC 54 In light of Abfalder v. Nationwide Mutual Fire Ins. Co., 2003 MT 180, this Court's prior holding in Liberty Northwest Ins. Corp. v. State Compensation Ins. Fund, 2001 MTWCC 56, 36, is overruled to the extent it conflicts with Afbalder and the decision in this case. Where a claimant arguably aggravates a preexisting injury in a subsequent work-related incident, and there is a dispute between insurers as to whether the subsequent injury is permanent or merely temporary, or whether it or the prior injury is the cause of the claimant's current condition and disability, or whether the claimant had reached maximum medical improvement, the insurer for the subsequent injury is liable for benefits "until it proves, or until another insurance company agrees, that it [the other company] should pay the benefits." Belton v. Carlson Transport, 202 Mont. 384, 658 P.2d 405, 409-10 (1983).