Summary Judgment: Constitutional Issues

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.