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Hand v. Uninsured Employers' Fund8/28/2002
nt clearly could have pursued his OD claim long ago. He mentioned his knee problems when he filed his 1992 back claim. He filed his knee claim in 1993, then he sat on the claim for over five and a half years while he pursued a district court action against the Roushes and collected $328,500 from the Roushes' liability insurer. Then he renewed his OD claim. Whether his failure to pursue his OD claim for five and a half years was a deliberate strategy is unknown. If it was, it has not worked and warrants approbation. If it was not, then he was remiss in failing to diligently pursue the claim and for executing the General Release without excepting the OD claim.
JUDGMENT
The claimant is not entitled to OD benefits. His claim is dismissed with prejudice.
The claimant is not entitled to costs or attorney's fees.
This JUDGMENT is certified as final for purposes of appeal.
Any party to this dispute may have 20 days in which to request a rehearing from these Findings of Fact, Conclusions of Law and Judgment.
DATED in Helena, Montana, this 28th day of August, 2002.
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