Discovery: Domiciliary Care
v. State Compensation Ins. Fund [12/15/95] 1995 MTWCC 106
Where parties dispute proper rate of domiciliary care, claimant not
entitled to discover information about rates paid by insurer statewide.
Where claimant lives in Missoula-Frenchtown area, insurer ordered to
use readily accessible computerized information to list claims in the
Missoula-Frenchtown area in which it pays for domiciliary care, not
identifying particular claimants, but noting: (1) the rate at which
domiciliary care is paid; (2) whether the rate was fixed by agreement
or court order; (3) the town or city where claimant resides; (4) the
number of domiciliary care hours provided each day; (5) the nature of
the claimant’s condition; (6) any special circumstances affecting the
determination of the hourly rate.