Jurisdiction: Justiciability

Nelson v. Montana Schools Group Ins. Auth. [05/28/14] 2014 MTWCC 15 At the time of trial, Petitioner did not have a current request to see her out-of-state physician that was being denied by Respondent.  Absent an existent request and denial of such request, there is not a present justiciable controversy for the Court to decide, and the Court has no jurisdiction to offer a prospective finding of liability for future medical treatment.

Quigg v. Montana State Fund [01/13/05] 2005 MTWCC 3 Where the claimant is incarcerated in prison pursuant to a life sentence and may never be released, his entitlement to benefits which might be due if released is speculative and non-justiciable. Courts adjudicate only actual, present controversies.