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Legal Opinion

Malcomson v. Liberty Northwest

Montana Supreme Court

Decided September 10, 2014No. DA 13-0610PublishedCited by 2 opinions

1Opinion of the CourtJustice Patricia Cotter

¶1 Tina Malcomson filed a workers’ compensation claim in December 2007 after being injured while working as manager of Freemo’s Pizza in Missoula, Montana. Liberty Northwest (Liberty) was the insurer for the claim. After Malcomson withdrew her consent to allow Liberty and its agents to have ex parte communications with her medical care providers, Liberty terminated her benefits, claiming that Malcomson’s withdrawal of consent violated §§ 39-71-604 and 50-16-527, MCA (2007). Malcomson sued to have her benefits reinstated, asserting that the above statutes were unconstitutional. The Workers’…

2Cases cited16 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Armstrong v. StateMontana Supreme Court · 1999
  3. Gryczan v. StateMontana Supreme Court · 1997
  4. Montana Human Rights Division v. City of BillingsMontana Supreme Court · 1982
  5. Montana Environmental Information Center v. Department of Environmental QualityMontana Supreme Court · 1999

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3Cited by2 opinions

  1. Robinson v. State Comp. Mut. Ins. FundMontana Supreme Court · 2018
  2. Eakin v. StateMontana Supreme Court · 2020

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