Statutes and Statutory Interpretation: Generally

Statutes and Statutory Interpretation: Generally

MONTANA SUPREME COURT DECISIONS

Malcomson v. Liberty Northwest, 2014 MT 242 The State has a compelling interest in the orderly administration of the workers’ compensation process, but § 39-71-604(3), MCA, is not narrowly tailored to effectuate that interest.

Barnard v. Liberty Northwest Ins. Corp., 2008 MT 254, 345 Mont. 81, 189 P.3d 1196 When there is a longstanding agency interpretation of a statute, the Montana Supreme Court will give that interpretation “respectful consideration.”

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Flynn v. Montana State Fund [09/29/06] 2006 MTWCC 31 Section 39-71-107(7), MCA, sets forth a clear definition of what constitutes a “settled claim,” and it is not this Court’s function to rewrite what the legislature has already defined.

Kruzich v. Old Republic Ins. Co. [03/10/05] 2005 MTWCC 12 Where a statute is procedural rather than substantive, the version in effect at the time it is applied is applicable. Statutes governing medical examinations are procedural, thus the statute in effect at the time the Court is asked to order an examination applies in determining whether the examination will be ordered.