Constitutional Law: Full Redress

Connery v. Liberty Northwest Ins. Corp., 1998 MT 125 Supreme Court affirms WCC conclusion that section 39-71-416, MCA (1995) because that statute, which authorizes an insurer to reduce benefits by up to 30% when a claimant recovers against a third-party tortfeasor, violates the full redress provision of Article II, section 16 of the Montana Constitution.
Grooms v. Ponderosa Inn, State Fund, and Department of Labor and Industry, 283 Mont. 459, 942 P.2d 699 (1997)Supreme Court affirmed WCC's conclusion claimant's constitutional right to legal redress is not violated by provision of section 39-72-602, MCA, that she pay for a second panel evaluation conducted at her request. The provision that she pay for a second evaluation at her request does not deprive her of a hearing on her claim.
Baker v. Transportation Ins. Co. [1/15/04] 2004 MTWCC 5 A statute of repose with respect to occupational disease claims does not violate the Full Redress Clause of the Montana Constitution, Art. II, section 16.
Hardgrove v. Transportation Ins. Co. [8/13/03] 2003 MTWCC 57 A statute of repose with respect to occupational disease claims does not violate the Full Redress Clause of the Montana Constitution, Art. II, section 16. [Affirmed in Hardgrove v. Transportation Ins. Co., 2004 MT 340 (No. 03-678), though the Supreme Court reserved the question of whether a claimant barred from recovery by § 39-72-403, MCA (1983) may sue in tort.]

W.R. Grace & Co. and Transportation Ins. Co. v. Riley [3/23/98] 1998 MTWCC 26 Section 39-71-721, MCA (1985), which under section 39-72-701, MCA (1985) applies in an occupational disease case involving death benefits, is not unconstitutional by allowing an insurer to take a credit against future death benefits corresponding to that portion of settlement monies paid to the decedent which are attributable to periods of time after decedent's death. It does not violate Montana's full redress provision where it involves a statutory entitlement to benefits and does not violate the narrow proscription covered by the constitutional provision.
Connery v. Liberty Northwest Ins. Corp. [9/4/97] 1997 MTWCC 48 An insurer is not allowed to reduce benefits under section 39-71-416, MCA (1995) because that statute, which authorizes an insurer to reduce benefits by up to 30% when a claimant recovers against a third-party tortfeasor, violates the full redress provision of Article II, section 16 of the Montana Constitution. (Note: affirmed in Connery v. Liberty Northwest Ins. Corp., 1998 MT 125.)
Grooms v. Ponderosa Inn and State Fund [7/16/96] 1996MTWCC 51 Claimant's constitutional right to legal redress is not violated by provision of section 39-72-602, MCA, that she pay for a second panel evaluation conducted at her request. The provision that she pay for a second evaluation at her request does not deprive her of a hearing on her claim. (Note: WCC was affirmed on this ground in Grooms v. Ponderosa Inn, 283 Mont. 459, 942 P.2d 699 (1997).)
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.
Simpson v. Lewis and Clark County [02/16/95] 1995 MTWCC 14 Section 39-71-118(f), MCA (1991), which limits workers' compensation benefits available to an individual performing community service work under court order, does not violate constitutional provisions requiring equal protection, full legal redress, or substantive due process, nor does it inflict cruel and unusual punishment. The legislature's decision to provide a more limited benefits package to workers injured while performing court-ordered community service was rationally calculated to encourage public agencies and non-profit organizations to participate in community service programs while still affording some protection to the workers (medical benefits and impairment award).