Costs: Occupational Disease Cases

Polk v. Planet Ins. [5/31/02] 2001 MTWCC 44A - but see Memorandum Regarding Constitutional Challenges The 1993 version of the Occupational Disease Act, which allows costs only where the insurer requests a hearing before the Department or appeals a Department finding of an occupational disease, is unconstitutional since it denies claimants their right to equal protection of the laws. There is no rational basis for denying costs in occupational disease cases while allowing them in workers' compensation cases. Henry v. State Compensation Ins. Fund, 1999 MT 126, 294 Mont. 448, 982 P.2d 456

Polk v. Planet Ins. [5/31/02] 2001 MTWCC 44A - but see Memorandum Regarding Constitutional Challenges The 1993 version of the Occupational Disease Act allows costs only where the insurer requests a hearing before the Department or appeals a Department finding of an occupational disease.