Trusty v. Consolidated Freightways

Appellant brings this appeal from a Workers’ Compensation Court’s judgment determining that claimant was only entitled to a 50% offset of Social Security benefits, including auxiliary benefits against his Workers’ Compensation disability benefits and denying penalty and attorney’s fees. This action arose following this Court’s ruling in McClanathan v. Smith (1980), 186 Mont. 56, 606 P.2d 507, that Montana’s former offset statute, Section 92-702.1 Revised Codes of Montana (1947), in effect between July 1973 *150to July 1974, was constitutionally unenforceable. Appellant then sought to recover for…