Weidow v. Uninsured Employers' Fund, 2010 MT 292 This Court attempts to “avoid constitutional issues whenever possible” and where it could have avoided a constitutional issue by instead applying the doctrine of equitable tolling, it erred by instead addressing the constitutional challenge.

Thompson v. State, 2007 MT 185, 338 Mont. 511, 167 P.2d 867 If claimants have “a dispute concerning benefits” under the WCA, and if they wish, within the context of that dispute, to challenge “the applicability of any statutory provision or of any rule or order of that agency” on constitutional grounds, they may do so in the WCC. However, to challenge the constitutionality of a statutory provision, rule, or order outside the context of a dispute concerning benefits, claimants must do so in district court.