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HENRY v. STATE COMPENSATION INS. FUND

No. 98-351.

982 P.2d 456 (1999)

1999 MT 126

Jerry HENRY, Petitioner and Appellant, v. STATE COMPENSATION INSURANCE FUND, Respondent and Insurer for, Appliance Care, Inc., Respondent and Employer and Insured.

Supreme Court of Montana.

Submitted February 19, 1999.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Steve M. Fletcher (argued), Bulman Law Associates, Missoula, Montana, for Appellant.

Carrie Garber (argued), State Compensation Insurance Fund, Helena, Montana, for Respondent.

Patricia O'Brien Cotter (argued), Montana Trial Lawyers Association, Great Falls, Montana, for Amicus Curiae.

Justice WILLIAM E. HUNT, SR. delivered the Opinion of the Court.

¶ 1 The Workers' Compensation Court held that the Montana Legislature's failure to provide vocational rehabilitation benefits to diseased workers under the Occupational Disease Act (ODA), like it provided to injured workers under the Workers' Compensation Act (WCA), does not violate the equal protection clause of the Montana Constitution. Jerry Henry appeals. We reverse and remand.

¶...

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