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WEIS v. DIV. OF WORKERS' COMPENSATION

No. 87-451.

755 P.2d 1385 (1988)

L.C. WEIS, Plaintiff and Appellant, v. The DIVISION OF WORKERS' COMPENSATION OF the DEPARTMENT OF LABOR & INDUSTRY, an agency of the state of montana, Defendants and Respondents.

Supreme Court of Montana.

Decided June 7, 1988.

Attorney(s) appearing for the Case

Burgess, Joyce & Whelan, Frank Burgess and Thomas F. Joyce, argued, Butte, for plaintiff and appellant.

Steven J. Shapiro, argued, Helena, for defendants and respondents.

HUNT, Justice.

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.

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