39-72-610, MCA

[1993] Bowers v. State Fund [9/2/98] 1998 MTWCC 64 The presumption of correctness afforded medical panel reports under section 39-72-610(1), MCA (1993) of the ODA is unconstitutional as a violation of due process of law and an unlawful delegation of executive power.

[1993] Boldosser v. State Fund [6/10/96] 1996 MTWCC 42 In deciding occupational disease case, DOL hearing officer relied on presumption of correctness of medical panel report, but record revealed that panel physician likely did not properly apply ODA where reference was made to causation of condition by "injury" on a particular date. Decision reversed by WCA and remanded for designation of new panel and for a new hearing.