Malcomson v. Liberty Northwest, 2014 MT 242 Although the WCC concluded that § 39-71-604(3), MCA (2003), was unconstitutional as applied to the claimant’s case, the Montana Supreme Court found that the WCC’s holdings were not limited to an “as-applied” challenge, but extended to other claimants affected by the statute.  Therefore, the Court held that § 39-71-604(3), MCA (2003), is facially unconstitutional because it would impose the same violation of privacy interests on every claimant to whom it was applied.