Francetich v. State Compensation Mutual Insurance Fund

Claimant and appellant Wayne Francetich suffered an on-the-job injury on December 2,1988. Respondent State Compensation Mutual Insurance Fund accepted liability and paid workers’ compensation benefits to the claimant. The claimant also obtained a policy limits insurance settlement from the third party responsible for the accident. The State Fund attempted to exercise subrogation rights pursuant to § 39-71-414(6)(a), MCA. The claimant resisted the State Fund’s attempt to subrogate, contending that the statute providing for subrogation in this instance is in direct violation of Article II,…