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POWELL v. STATE COMPENSATION INS. FUND

No. 99-291.

15 P.3d 877 (2000)

2000 MT 321

Michael POWELL, Petitioner/Appellant, v. STATE COMPENSATION INSURANCE FUND, Respondent/Insurer for Security Armored Express, Employer/Insured.

Supreme Court of Montana.

Decided December 12, 2000.

Attorney(s) appearing for the Case

Sara R. Sexe, Marra, Wenz & Johnson, Great Falls, MT, For Appellant.

Ann Clark, Carrie Garber, State Compensation Insurance Fund, Helena, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 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...

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