(DOWNLOAD) "Schmill V. Liberty Northwest Insurance Corp." by In the Supreme Court of the State of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Schmill V. Liberty Northwest Insurance Corp.
- Author : In the Supreme Court of the State of Montana
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
¶1 The Petitioner, Cassandra Schmill, filed a petition in the Montana Workers' Compensation Court, in which she alleged that she suffered from an occupational disease arising from her employment with Muralt's Travel Plaza. Muralt's is insured by the Respondent, Liberty Northwest Insurance. Schmill contended that because §§ 39-72-706, MCA, of the Occupational Disease Act required reduction of disability benefits for non-occupational factors, while the Workers' Compensation Act did not, her right to equal protection was violated. The Workers' Compensation Court held that §§ 39-72-706, MCA, violates the equal protection clause of the United States and Montana Constitutions and awarded Schmill full benefits without reduction for non-occupational factors. Liberty Northwest appeals that conclusion. We affirm the judgment of the Workers' Compensation Court.
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