American Natives: Generally
Zempel v. Uninsured Employers' Fund [2/21/96] 1996 MTWCC 19 UEF's refusal to pay benefits to employee of business wholly owned by enrolled member of the Confederated Salish and Kootenai Tribes and operated exclusively within reservation boundaries did not violate equal protection provisions or legal redress clause of Montana Constitution where WCA did not apply to employer under federal law and rational relationship existed between that exclusion and legitimate governmental purpose of encouraging tribal self-sufficiency and economic development. (Case decided under 1991 WCA, prior to 1993 adoption of provision excluding WCA coverage of a person employed by an enrolled tribal member operating exclusively on a reservation, see section 39-71-401(2)(m), MCA (1993).) |