39-71-201, MCA

MONTANA SUPREME COURT DECISIONS

WORKERS' COMPENSATION COURT DECISIONS

Montana Schools Group Workers Compensation Risk Retention Program v. Dep't of Labor and Industry Employment Relations Division [06/16/95] 1995 MTWCC 48 The assessment methodology used by the Department of Labor and Industry in 1992 and 1993 under section 39-71-201, MCA, amounted to a de facto rule which, pursuant to section 2-4-102(11)(a), MCA, is deemed void for the Department’s failure to follow rulemaking procedures.

Montana Schools Group Workers Compensation Risk Retention Program v. Dep't of Labor and Industry Employment Relations Division [06/16/95] 1995 MTWCC 48 The assessments and fees levied against school district group self-insurance association to fund state government costs of administering the Workers’ Compensation and Occupational Disease Acts pursuant to section 39-71-201, MCA, do not violate equal protection principles. Distribution of the assessment among self-insurers in accordance with their gross payrolls may not be the most precise measure of governmental costs attributable to each individual employer, but equal protection does not require mathematical precision and perfect equality, only a rational measure, which is provided by gross payroll.