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Peters v. Montana State Fund6/29/2004
s' Compensation Act since that was the law in effect at the time of the claimant's industrial accident. Buckman v. Montana Deaconess Hospital, 224 Mont. 318, 321, 730 P.2d 380, 382 (1986).
The claimant bears the burden of proving by a preponderance of the evidence that he is entitled to the benefits he seeks. Ricks v. Teslow Consolidated, 162 Mont. 469, 512 P.2d 1304 (1973); Dumont v. Wicken Bros. Construction Co., 183 Mont. 190, 598 P.2d 1099 (1979).
The claimant has failed to carry his burden of proving he was injured at work.
JUDGMENT
The claimant has failed to establish on a more-likely-than-not basis that he was injured at work. Therefore, he is not entitled to workers' compensation benefits. His petition is dismissed with prejudice.
This JUDGMENT is certified as final for purposes of appeal.
Any party to this dispute may have twenty days in which to request a rehearing from these Findings of Fact, Conclusions of Law and Judgment.
Mr. Stephen M. Peters
Mr. Thomas E. Martello
Submitted: June 25, 2004
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