Constitutional Challanges: Non-constitutional Ground for Decision
| Kessel v. Liberty NW [10/17/02] 2002 MTWCC 49 Where a case may be disposed of on non-constitutional grounds, the Court should not address a constitutional challenge. Thus, until the non-constitutional grounds are decided, consideration of the constitutional challenge is premature. |
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Weatherwax v. State Compensation Insurance Fund [10/29/99] 1999 MTWCC 68 Injured worker filed motion for summary judgment asking the WCC to declare the Occupational Disease Act unconstitutional insofar as it fails to provide permanent partial disability benefits equivalent to those in the Workers' Compensation Act. WCC refuses to reach constitutional issue on summary judgement where trial could find claimant suffering from an injury, not an occupational disease, and thus avoid a constitution determination. |