Constitutional Law: Separation of Powers: Delegation of Powers
|Kemp v. Montana Contractor Compensation Fund [6/4/98] 1998 MTWCC 46 Claimant argued section 39-71-1006, MCA (1995) was unconstitutional in that it denied him due process through judicial review of a rehabilitation decision and represented an unconstitutional delegation of authority to a private party. WCC rejected the constitutional challenge. On its face, the statute does not prohibit the parties from petitioning the WCC when a dispute arises over a rehabilitation decision. Even if the section did prohibit review, the remedy would be to strike down the denial of judicial review, not to invalidate the statute in its entirely. As shown by prior decisions of the WCC, this Court has entertained and decided rehabilitation questions.|
Bowers v. State Fund [9/2/98] 1998 MTWCC 64 The presumption of correctness afforded medical panel reports under section 39-72-610(1), MCA (1993) of the ODA is unconstitutional as a violation of due process of law and an unlawful delegation of executive power. Because of the deference provided to medical panel findings, the medal panel physicians are essentially fact finders, in derogation of a litigant's entitlement to have a dispute determined by duly appointed agents of government.