Simms v. State Compensation Insurance Fund

¶1 Randall Simms (Simms) appeals from a judgment entered by the Workers’ Compensation Court (WCC) on March 15, 2004, dismissing, without prejudice, Simms’ petition to require the Montana State Fund (State Fund) to furnish him a handicapped accessible van. We affirm.

¶2 We address the following issue:

¶3 Did the WCC err by denying the claimant’s petition for provision of a handicapped accessible van?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On May 3, 1999, while working as a glazier for Bozeman Glass, Simms suffered a laceration to the radial artery of his right forearm. Immediately following his…