Legal Opinion

Weis v. Division of Workers' Compensation of the Department of Labor & Industry

Montana Supreme Court

Decided June 7, 1988No. 87-451PublishedCited by 10 opinions

1Opinion of the CourtJustice Hunt

Weis, a chiropractic doctor licensed in the state of Montana, appeals the declaratory judgment entered by the Second Judicial District Court, Silver Bow County, finding that the Division of Workers’ Compensation properly exercised its delegated authority by enacting administrative Rule 24.29.806, A.R.M. (1986). This rule restricts medical evaluation of a physical impairment to those with a doctor of medicine (M.D.) degree.

We affirm.

The issues raised and argued on appeal are:

1. Whether the Montana state legislature intended to restrict the making of an “impairment rating” to licensed medical…

2Cases cited4 opinions

  1. Mont. Tavern Ass'n v. State, Dept. of RevenueMontana Supreme Court · 1986
  2. State Ex Rel. Department of Highways v. Midland Materials Co.Montana Supreme Court · 1983
  3. Missoula County v. American Asphalt, Inc.Montana Supreme Court · 1985
  4. State Ex Rel. Sol v. BakkerMontana Supreme Court · 1982

3Cited by10 opinions

  1. Krajacich v. Great Falls Clinic, LLPMontana Supreme Court · 2012
  2. Suzanne J. Marcy v. Delta Airlines, a Georgia CorporationCourt of Appeals for the Ninth Circuit · 1999
  3. Alford v. G. Pierce Woods Memorial Hosp.District Court of Appeal of Florida · 1993
  4. Wacker v. Park Rural Electric Co-Operative, Inc.Montana Supreme Court · 1989
  5. Synek v. State Compensation Mutual Insurance FundMontana Supreme Court · 1995

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