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Harned v. State Compensation Insurance Fund6/8/1999
bleness of that procedure or the State Fund's potential liability for it. However, since such surgery might be done in conjunction with the microdisectomy, if a dispute arises concerning the procedure the parties may further petition the Court under the auspices of the present action and the matter will be heard on an emergency basis so as not to further delay surgery.
4. Provided the claimant elects to undergo the microdiscectomy, the State Fund shall pay TTD benefits retroactive to the date those benefits were cut off. The Court retains continuing jurisdiction to determine claimant's entitlement to TTD benefits should he refuse or unreasonably delay the surgery.
5. The claimant is entitled to his costs in this action.
6. Claimant is not entitled to attorney fees or a penalty.
. 7. Any party to this dispute may have 20 days in which to request a rehearing from this DECISION AND JUDGMENT.
DATED in Helena, Montana, this 8th day of June, 1999.
(SEAL)
Mike McCarter, JUDGE
c: Mr. Bernard J. Everett
Mr. David A. Hawkins Date Submitted: April 30, 1999
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