Alexander v. Bozeman Motors, Inc.

¶39 I concur with the Court’s conclusion that summary judgment was properly entered against Ostermiller, as well as its conclusion that § 39-71-413, MCA, is constitutional. However, I dissent from the Court’s conclusion that Alexander has asserted facts necessary to evade the rule of exclusivity.

¶40 The Legislature has declared that “an objective of the Montana workers’ compensation system [is to] provide, without regard to fault, wage supplement and medical benefits to a worker suffering from a work-related injury or disease.” Section 39-71-105(1), MCA. Pursuant thereto, the Legislature has…