Malcomson v. Liberty Northwest [08/16/13] 2013 MTWCC 21 Although the wording of § 39-71-604(3), MCA, and § 50-16-527(5), MCA, is substantially identical, this Court’s jurisdiction, as set forth in § 39-71-2905, MCA, does not provide the authority to rule on the constitutionality of § 50-16-527(5), MCA.

[2003] Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [10/18/05] 2005 MTWCC 53 Sections 39-71-604(3) and 50-16-527(5), MCA (2003), which allow an insurer or its agent to communicate with a physician or other health care provider about an injured employee’s health care information by telephone, letter, electronic communication, in person, or by other means and to receive from the physician or health care provider the sought after information without prior notice to the injured employee, to the employee's authorized representative or agent, or in the case of death, to the employee's personal representative or any person with a right or claim to compensation for the injury or death are violative of Mont. Const., Art. II, §§ 10 and 17.