Delegation of Legislative Power

Clapham v. Twin City [08/01/12] 2012 MTWCC 27 The legislature may not delegate absolute discretion to insurers.  Therefore, Respondent’s argument that placing a claim under § 39-71-608, MCA, does not obligate it to pay benefits but only permits it to do so if it feels like it is without merit.  The use of “may” in a statute does not give an insurer discretion to decide to deny a claimant’s request for benefits to which the claimant is otherwise entitled. 

Satterlee v. Lumberman's Mutual Casualty Company [12/12/05] 2005 MTWCC 55 Section 39-71-710, MCA, which provides that PTD benefits terminate upon an individual’s receiving social security retirement benefits or eligibility for social security retirement benefits, does not unlawfully delegate legislative power to the federal government. The Legislature may lawfully make a law which delegates a power to determine some fact or state of things upon which the law makes, or intends to make, its own actions depend.