Cottrill v. Cottrill Sodding Service

Appellant, David Cottrill, appeals from an order of the Workers’ Compensation Court denying his claim for wage benefits. The Workers’ Compensation Court also denied appellant’s petition for a rehearing because the constitutional issue raised for rehearing was at no time earlier raised.

We reverse and remand to the Workers’ Compensation Court.

The issues raised on appeal are:

1. Can plaintiff raise the issue of constitutional equal protection violation at the appeal level?

2. Does Section 39-71-401(2)(c), MCA, violate the equal protection clauses of the Montana and Federal Constitutions?

The…