Zempel v. Uninsured Employers' Fund

Darwin Zempel (Zempel) appeals from the judgment of the Workers’ Compensation Court dismissing his petition for a declaratory judgment. We affirm.

We restate the issues on appeal as follows:

1. Did the Workers’ Compensation Court err in concluding that § 39-71-501, MCA (1991), as applied, does not deny Zempel equal protection of the laws?

2. Did the Workers’ Compensation Court err in concluding that § 39-71-501, MCA (1991), as applied, does not deny Zempel access to the courts?

FACTUAL AND PROCEDURAL BACKGROUND

The facts in this case are undisputed. In early December of 1991, Zempel was living and…