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CALDWELL v. MACO WORKERS COMPENSATION TRUST

No. DA 10-0427.

256 P.3d 923 (2011)

2011 MT 162

361 Mont. 140

Harold CALDWELL, Plaintiff and Appellee, v. MACO WORKERS' COMPENSATION TRUST, Respondent and Appellant.

Supreme Court of Montana.

Submitted April 26, 2011.

Decided July 11, 2011.

Attorney(s) appearing for the Case

For Appellant: Norman H. Grosfield (argued), Grosfield Law Firm, Helena, Montana.

For Appellee: Rexford L. Palmer (argued), Attorneys Inc., P.C., Missoula, Montana.

For Amicus Curiae: Bradley J. Luck (argued), Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 MACo Workers' Compensation Trust (MACo) appeals from a determination of the Workers' Compensation Court (WCC) that § 39-71-710, MCA, violates the Equal Protection Clause found in Article II, Section 4, of the Montana Constitution. We affirm.

¶ 2 We review the following issue on appeal:

¶ 3 Does the categorical denial of rehabilitation benefits to a workers' compensation...

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