Caldwell v. MacO Workers' Compensation Trust

¶56 I concur with the Court’s decision. While the Opinion correctly discusses Satterlee v. Lumberman’s Mut. Cas. Co., 2009 MT 368, 353 Mont. 265, 222 P.3d 566, as the present state of the law, I continue to disagree -with our decision in that case. See Satterlee, ¶¶ 42-56 (Morris & Nelson, JJ., dissenting). If nothing else, the Court’s Opinion here points up the unfairness, fallibility, and illogic of “statistical” retirement ages. See Opinion, ¶¶ 42, 45-47.

¶57 In point of fact, workers are living longer, and, of necessity, many have to work past their “statistical” retirement ages in order…