Raisler v. Burlington Northern Railroad

I concur with the response to certified question No. 1, but would respond “no” to certified question No. 2.

The majority opinion states:

“The legislative purpose behind Section 39-71-411, MCA, is to continue to guarantee limited liability to employers covered by the Act. The statutory prohibition against third party claims for constitution or indemnity was enacted with the purpose of perpetuating Montana’s workers’ compensation system in light of recent tort law development.” (Emphasis added.)

In my view, the majority has done more than “continue” or “perpetuate” what was present at the time the…