Connery v. Liberty Northwest Ins. Corp.

¶ 1 In this action, the Workers’ Compensation Court declared unconstitutional the benefit reduction provision of § 39-71-416(1), MCA. The employer’s insurer, Liberty Northwest Insurance Corporation (Liberty), appeals. We affirm.

¶2 The issue is whether the Workers’ Compensation Court erred in ruling that § 39-71-416(1), MCA, violates a worker’s right to full legal redress under Article II, Section 16 of the Montana Constitution.

¶3 Colleen Connery was injured on December 10, 1995, when a co-employee, Mark Roy, collided with her on the Big Mountain Ski Hill. The injury occurred within the course…