Legal Opinion

Powell v. State Compensation Insurance Fund

Montana Supreme Court

Decided December 21, 2000No. 99-291PublishedCited by 63 opinions

1Opinion of the CourtJustice Nelson

¶1 Michael Powell (Michael) appeals a decision of the Workers’ Compensation Court denying his constitutional challenge to § 39-71-1107(3), MCA (1995), governing domiciliary care benefits. We affirm.

¶2 Michael raises the following issue on appeal:

¶3 Whether the statutory cap on domiciliary care benefits as provided in § 39-71-1107(3), MCA (1995), is unconstitutional.

Factual and Procedural Background

¶4 Michael suffered severe head and facial injuries in a motor vehicle accident that occurred in the course and scope of his employment with Security Armored Express. The accident occurred on…

2Cases cited21 opinions

  1. Buckman v. Montana Deaconess HospitalMontana Supreme Court · 1986
  2. Gryczan v. StateMontana Supreme Court · 1997
  3. Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
  4. Stratemeyer v. Lincoln CountyMontana Supreme Court · 1993
  5. State v. LilburnMontana Supreme Court · 1994

16 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Hardy v. Progressive Specialty Insurance Co.Montana Supreme Court · 2003
  2. State v. PriceMontana Supreme Court · 2002
  3. State v. ShultsMontana Supreme Court · 2006
  4. Montana Cannabis Industry Ass'n v. StateMontana Supreme Court · 2016
  5. Oberson v. United States Department of Agriculture, Forest ServiceMontana Supreme Court · 2007

58 more not listed; retrieve them via the Exa API.

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