Employment: Community Service
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). |