Pending issues:

(1) whether WCC should certify class of claimants who have received tip income reported to or known by the employer, but excluded by the insurer in calculating of wages or wage loss benefits;

(2) whether section 39-71-611(3), MCA (2003) (Chapter 464), enacted as Senate Bill 450 in the 2003 Legislative Session, which bars attorney fees to be paid from a “common fund” generated primarily by the efforts of an attorney through a class action or quasi class action as allowed by the WCC, violates the Montana or U.S. Constitutions.

Motions and Briefs by the Parties:

Motion For Leave To Amend Petition And To Determine The Class Of Claimants - 12/24/03

Respondent's Answer In Opposition To Petitioner's Motion For Leave To Amend And To Determine The Class Of Claimants - 1/5/04

Petitioner's Reply Brief To His Motion For Leave To Amend Petition And To Determine The Class Of Claimants - 1/27/04

Notice To Attorney General Of Constitutional Questions - 1/28/04

Motion For Summary Judgment - 2/4/04

Brief In Support Of Respondent's Motion For Summary Judgment - 2/4/04

Statement Of Uncontroverted Facts - 2/4/04

Respondent's Response To Petitioner's Reply Brief To His Motion To Amend Petition And To Determine Class Of Claimants - 2/5/04

Petitioner's Supplemental Reply Brief In Support Of Motion For Leave To Amend Petition And To Determine Class Of Claimants - 3/17/04

Petitioner's Statement of Specific Controverted Facts That Establish A Genuine Issue Of Material Facts Precluding Summary Judgment - 3/22/04

Petitioner's Statement Of Genuine Issues, And Brief In Opposition To Motion For Summary Judgment - 3/22/04

Chris' Affidavit Of Uncontroverted Facts - 3/22/04

Respondent's Reply To Petitioner's Brief In Opposition To Motion For Summary Judgment - 3/26/04

Decision And Summary Judgment - 6/7/04