Murer v. Montana State Compensation Mutual Insurance Fund

This is an appeal from an order of the Workers’ Compensation Court. We affirm.

The issue is whether the Workers’ Compensation Court erred in denying class certification to the claimants.

Claimants are nine workers injured between July 1,1987 and June 30, 1991. These claimants, and the alleged class they represent, are entitled to various benefits: maximum total disability, partial disability, rehabilitation and/or death benefits. For maximum benefits for total disability the respondents (insurers) have paid $299, claiming there is a permanent “cap” on such benefits under statutory provisions…