Schmill v. Liberty Northwest Ins. Corp.

¶ 1 The Petitioner, Cassandra Schmill, filed a petition in the Montana Workers’ Compensation Court, in which she alleged that she suffered from an occupational disease arising from her employment with Muralt’s Travel Plaza. Muralt’s is insured by the Respondent, Liberty Northwest Insurance. Schmill contended that because § 39-72-706, MCA, of the Occupational Disease Act required reduction of disability benefits for non-occupational factors, while the Workers’ Compensation Act did not, her right to equal protection was violated. The Workers’ Compensation Court held that § 39-72-706, MCA,…