No. 85-584 IN THE SUPREME COURT OF THE STATE OF MONTANA 1987

KENNETH K. KOMEOTIS, Claimant and Appellant,-vsWILLIAMSON FENCING, Employer, and STATE COMPENSATION INSURANCEFUND, Defendant and Respondent.

APPEAL FROM: The Workers' Compensation Court, The Honorable Timothy Reardon, Judgepresiding. COUNSEL OF RECORD: For Appellant: Bottomly & Gabriel; Joe Bottomly, Great Falls,Montana For Respondent: Marra, Wenz, Johnson & Hopkins; Thomas A. Marra, Great Falls,Montana

Submitted on Briefs: April 17, 1986 Decided: 

### February 18, 

### 1987

Clerk3Tontana Supr:me ('ourt Justic:c Rui' 1; r~q 215 Nor+:h Sal~?.e:-~; Helena, P:T 59620

Date Februarv 19, 1987 EDITORIALDEPARTMENT West PublishingCo., P.O.Box3526,St. Paul,MN55165 Pleasemakethefollowing correction inthe opinion inthecaseof: Title: KOBfEOTIS V

# . FJITtTJTAP~SON FENCTNG and STATE COP4PEfJSATIOPJ IQS. FUYD, NO. 35-534, Vol. Rptr. (Decided 2/17/57) Page first column, line Insecond top frombottom. (Page 2, line 4 from the top)



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should read 

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The expenseof making changes is such that we cannot undertake itfor itemsof mere!ytypographicalstyle. West Publishing Co.
N182cMr. Justice L. C. Gulbrandson delivered the Opinion of the Court.
Kenneth Komeotis appeals from that part of a Workers' Compensation Court order which denies him a lump-sum payment of workers' compensation benefits. The dispositive issue on appeal is whether the District Court erred in applying S 39-71-741, MCA, retroactively to appellant's request for a lump-sum payment. We reverse and remand this case for proceedings consistent with this Court's decision in Buckman 

### v. State Comp. Insurance Fund (Mont. 1.986), P.2d I 43 St.Rep. 2216. In February 1984, appellant suffered 

### a work related injury which aggravated his degenerative arthritis. The respondent State Compensation Insurance Fund (State Fund) accepted liability and paid temporary total disability benefits to appellant. 

### In May 1985, the State Fund converted appellant's benefits to permanent total disability benefits. Appellant requested that the Workers' Compensation Court grant him a lump-sum payment of a large part of his anticipated benefits. The 1985 Montana Legislature amended S 39-71-741, MCA, the statute governing the lump-sum conversion of workers' compensationbenefits. The amendments codified prior Montana case law on lump-sum conversions. The Workers' Compensation Court, in this case, found that the 1985 amendments enacted new, stricter guidelines for the granting of lump-sum payments. The court found that the amendments profound1.y changed the substantive law on such payments. The court then applied the new criteria from the 1985 amendments retroactively to appellant's case and denied him a lump-sum payment.

### This Court handed down the Buckman decision (cited above) after the Workers' Compensation Court's ruling in the instant case. In Buckman, this Court specifically held that the statutory guidelines in the 1985 amendment to § 

### 39-71-741, MCA, could not he applied retroactively. Thus, the Workers' Compensation Court erred in applying the new statute to appella.ntls claim. We decline to address the other issues appellant raises. Reversed and remanded for furtherpro5@ings.

We concur: