We review the WCC’s conclusions of law to determine whether they are correct. Van Vleet v. Montana Ass’n of Counties Workers’ Comp. Trust, 2004 MT 367, ¶ 9, 324 Mont. 517, ¶ 9, 103 P.3d 544, ¶ 9. We review the WCC’s findings of fact to determine whether they are supported by substantial credible evidence. Van Vleet, ¶ 9. DISCUSSION ISSUE ONE ¶12 Whether the rule announced in Schmill I applies retroactively. ¶13 In Dempsey we concluded that the opinions of this Court regarding questions of state law are presumptively retroactive. We allowed for an exception to this presumption when an opinion satisfies all three of the Chevron factors. Dempsey, ¶ 31. This conclusion was consistent with our prior holdings, although admittedly not consistent with some of our prior dicta. See Dempsey, ¶ 30 (<HOLDING>). The Chevron factors originate from Chevron
holding that only relevant factors must be considered recognizing same factors holding regulations entitled to chevron deference holding that chevron deference is due only to a reasonable interpretation made by the administrator of an agency recognizing dicta from poppleton v rollins 1987 226 mont 267 271 735 p2d 286 289 indicating that only one of the chevron factors must be satisfied