STATE EX REL HENDRICKSON v GALLAT

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No, 12738 I N THE SUPREME COURT O T E STATE O M N A A F H F OTN T E STATE OF M N A A ex r e l . H OTN, H R L D. HENDRICKSON, AOD P e t i t i o n e r and R e l a t o r , GALLATIN COUNTY, a p o l i t i c a l s u b d i v i s i o n of t h e S t a t e of Montma; and BOARD O COUNTY COMMISSIONERS O F F GALLATIN COUNTY, e t a l . , Defendants and Respondents. Appeal from: D i s t r i c t Court o f t h e T h i r t e e n t h J u d i c i a l D i s t r i c t , Honorable Robert H e Wilson, Judge p r e s i d i n g . Counsel of Record : For P e t i t i o n e r : Crowley , Kilbourne , Haughey , Hanson and Gallagher, B i l l i n g s , Montana Robert Edd Lee argued, B i l l i n g s , Montana For Respondents: c L>r l '~ fl+' A~ Olsen d & i , Bozeman, Montana u t Attorney, argued, Bozeman, Thomas Gai, ~ e ~ county ~ Montana Thomas Mahan, S p e c i a l A s s i s t a n t Attorney General, Helena, Montana Submitted: June 17, 1974 Mr. Justice Gene B. Daly delivered the Opinion of the Court. This is an appeal by Gallatin County from a denial by the district court of its motion for a change of venue and an application for a writ of review by Harold D. Hendrickson from a decision by the Board of Social and Rehabilitation Appeals affirming an order denying appellant state general assistance medical aid and hospitalization for August, 1972. By an order from this Court dated May 4, 1974, both matters were consolidated. Both parties requested this Court to decide on the merits of this case without prior district court review. Because this is an action in equity, because both parties stipulated that there are no facts in dispute and because of the extreme circumstances of necessity in this case, this Court has agreed to hear this appeal directly from the appeal before the Department of Social and Rehabilitation Services. The facts of the case show that Harold D. Hendrickson was a truckdriver. He owned his own truck and leased it to G. D. Eastlick Inc., a grain shipper. On July 15, 1972, Hendrickson was injured in a single truck accident near Malta, Montana. At the time of the accident Hendrickson was residing in Billings with his wife and four children. Hendrickson had previously lived in Galla- tin County but had moved from Gallatin County to Yellowstone County approximately seven months prior to the time of his accident. From July 15, 1972 to November 1, 1972, Hendrickson was confined to St. Vincent's Hospital and not able to be moved because of the extent of his injuries. On November 1, 1972, Hendrickson was trans- ported to the Veteran's Administration Hospital at Miles City. On August 1, 1972, Winifred Hendrickson, the wife of Harold Hendrickson, applied for public assistance on behalf of the appellant to the Yellowstone County Department of Public Welfare in Billings. Yellowstone County Welfare Department determined that Hendrickson was eligible for medical assistance pursuant to section 71-1516, R.C.M. 1947, which administers a federally subsidized program valid for thirty days hospitalization. Aid to Hendrickson's family was approved in the form of family assistance in the sum of $187 per month. Upon the termination of benefits under the federally subsidized medical assistance program it was det~rminedby the Yellowstone County Welfare Board that Gallatin County was the responsible county for state general assistance medical aid and hospitalization for persons unable to provide such necessities for themselves pursuant to section 71-308, R.C.M. 1947, because Hendrickson had undertaken residence in Yellowstone County less than one year before his disability ensued. On September 21, 1972, Gallatin County, by its county welfare board, denied state general assistance medical aid and hospitalization for Hendrickson. On October 3, 1972, a second application for such assistance was filed on behalf of Hendrickson and it too was denied. Appellant made application for a statutory fair hearing, which fair hearing was held February 14, 1973. The decision of the hearing officer was entered on February 20, 1973, granting Hendrickson general assistance medical aid and hospitalization for the month of September 1972, and the first fifteen days of October 1972; denying Hendrickson general assistance medical aid and hospitalization for the month of August 1972, on the ground that Hendrickson received during that month a $789 insurance settlement for the property damage to his truck's trailer caused by the accident, and that compensation should be considered income, and therefore, Hendrickson exceeded the state welfare income eligibility standards during that month; and holding that St. Patrick Hosp. v. Powell Co., 156 Mont. 153, 477 P.2d 34, was not precedent setting and therefore does not apply to the end ricks on claim. Hendrickson then appealed the decision of the hearing officer d e n y i n g him g e n e r a l a s s i s t a n c e m e d i c a l a i d and h o s p i t a l i z a t i o n f o r t h e month of August t o t h e Board of S o c i a l and R e h a b i l i t a t i o n Appeals f o r t h e S t a t e o f Montana on A p r i l 4 , 1973. County d i d n o t a p p e a r . Gallatin On A p r i l 5 , 1973, t h e Board d e n i e d Hendrickson r e l i e f and a f f i r m e d t h e h e a r i n g o f f i c e r . O May 4 , 1973, Hendrickson p e t i t i o n e d f o r r e v i e w i n t h e n d i s t r i c t c o u r t f o r t h e t h i r t e e n t h j u d i c i a l d i s t r i c t of t h e S t a t e of Montana, i n and f o r t h e County of Yellowstone. G a l l a t i n County moved f o r a change o f venue on May 2 1 , 1973, which motion was d e n i e d by t h e d i s t r i c t c o u r t on F e b r u a r y 1 3 , 1974. O March 8 , 1974, n G a l l a t i n County f i l e d a n o t i c e of a p p e a l t o t h i s C o u r t from t h e o r d e r below denying change o f venue. That a p p e a l , d o c k e t e d a s Cause No. 12721, was c o n s o l i d a t e d w i t h t h e m e d i c a l a s s i s t a n c e quest i o n p u r s u a n t t o t h e o r d e r o f t h i s Court d a t e d May 4 , 1973. T h i s Court i s t h e r e f o r e asked t o r e v i e w t h e q u e s t i o n s of venue and t h e d e n i a l by t h e h e a r i n g examiner of g e n e r a l a s s i s t a n c e m e d i c a l a i d and h o s p i t a l i z a t i o n f o r t h e month o f August, 1972, which amounted t o a t o t a l o f a p p r o x i m a t e l y $6,183.10. The Montana A d m i n i s t r a t i v e P r o c e d u r e A c t , which i s s e t o u t i n s e c t i o n 82-4216, R.C.M. 1947, p r o v i d e s f o r j u d i c i a l r e v i e w o f c o n t e s t e d c a s e s and s e c t i o n 82-4216(2) r e a d s : " P r o c e e d i n g s f o r r e v i e w s h a l l be i n s t i t u t e d by f i l i n g a p e t i t i o n i n d i s t r i c t court within t h i r t y (30) d a y s a f t e r s e r v i c e o f t h e f i n a l d e c i s i o n o f t h e agency, o r i f a r e h e a r i n g i s requested, w i t h i n t h i r t y (30) days a f t e r t h e as o t h e r w i s e p r o v i d e d decision thereon. ~ x c e p t by s t a t u t e , t h e p e t i t i o n s h a l l be f i l e d i n t h e d i s t r i c t c o u r t f o r t h e county where t h e p e t i t i o n er r e s i d e s o r has h i s p r i n c i p a l place of business, o r where t h e agency m a i n t a i n s i t s p r i n c i p a l o f f i c e . * * * " (Emphasis a d d e d . ) G a l l a t i n County c o n t e n d s t h a t s e c t i o n 93-2903, R.C.M. 1947, p r o v i d e s t h a t a l l a c t i o n s a g a i n s t a c o u n t y must be commenced and t r i e d i n such c o u n t y . The s t a t u t e r e a d s : "An a c t i o n a g a i n s t a c o u n t y may be commenced and t r i e d i n such county, u n l e s s such a c t i o n i s brought by a c o u n t y , i n which c a s e it may be commenced and t r i e d i n any c o u n t y n o t a p a r t y t h e r e t o . " The c o u n t y c i t e s Good Roads Machinery Co. v . Broadwater Co., 94 Mont. 6 8 , 20 P.2d 834, i n s u p p o r t o f h i s argument. The c o u n t y c o n t e n d s t h a t s i n c e s e c t i o n 82-4216(2) s t a t e s t h a t "Except a s o t h e r w i s e p r o v i d e d by s t a t u t e " , t h e c o u n t y i n which t h e p e t i t i o n e r r e s i d e s s h a l l be t h e p r o p e r c o u n t y t o f i l e t h e a p p e a l and s i n c e s e c t i o n 93-2903, R.C.M. 1947, d o e s n o t p r o v i d e t h a t a l l a c t i o n s a g a i n s t a c o u n t y must be b r o u g h t i n t h a t c o u n t y , a p p e l l a n t ' s a p p e a l must be b r o u g h t i n G a l l a t i n County. argument, t h i s C o u r t c a n n o t a g r e e . With t h a t Good Roads Machinery Co. is n o t i n p o i n t w i t h t h e f a c t s i n t h i s c a s e , s i n c e it i n v o l v e d litig a t i o n o r i g i n a t i n g i n t h e d i s t r i c t c o u r t a g a i n s t t h e county. This c a s e b e f o r e u s now i s an a c t i o n b r o u g h t t o r e v i e w t h e a d m i n i s t r a t i v e p r o c e e d i n g s b e f o r e t h e Board of S o c i a l and R e h a b i l i t a t i o n Appeals; i t i s n o t a n a c t i o n b r o u g h t a g a i n s t t h e c o u n t y and d o e s n o t come w i t h i n t h e purview of s e c t i o n 93-2903, t i o n 8 2 - 4 2 1 6 ( 2 ) , R.C.M. R.C.M. 1947. Sec- 1947, i s t h e s t a t u t e which p r o p e r l y d e t e r - mines t h e venue i n t h i s c a s e . Yellowstone County i s t h e c o u n t y i n which Hendrickson may f i l e h i s a p p e a l . We therefore affirm the d i s t r i c t c o u r t ' s d e n i a l of t h e motion f o r a change of venue. W e n e x t t u r n t o t h e q u e s t i o n o f whether Hendrickson was p r o p e r l y d e n i e d m e d i c a l and h o s p i t a l i z a t i o n f i n a n c i a l a i d f o r t h e month of August, 1972. W e f i n d t h a t t h e d e c i s i o n of t h e Board of S o c i a l and R e h a b i l i t a t i o n Appeals t o a f f i r m t h e f i n d i n g s of t h e h e a r i n g examiner i s n o t s u p p o r t e d by t h e e v i d e n c e p r e s e n t e d a t t h e f a i r hearing. A t t h e t i m e of t h e a c c i d e n t , Hendrickson w a s t h e s o l e supporter f o r h i s family. H i s w i f e c o i n c i d e n t l y began work t h e v e r y day of t h e a c c i d e n t and was b r i n g i n g home a b o u t $110 t o $120 e v e r y two weeks. There a r e f o u r c h i l d r e n i n t h e f a m i l y . Records show t h a t b e f o r e t h e a c c i d e n t t h e Hendricksons were b a r e l y making e n d s meet. There was no i n s u r a n c e t o c o v e r H e n d r i c k s o n ' s hospitalization. The only property Hendrickson had was a trailer home in which they lived and in which they had an equity of $1,300. The insurance settlement for the loss of the truck amounted to $789. The $789 was used by Mrs. Hendrickson to cover everyday living expenses. There is no evidence that the Hendricksonts financial affairs will soon be any brighter. It becomes clearly obvious that although the Hendricksons might not be economically indigent, insofar as general assistance is concerned, however, they have no means to meet with this medical catastrophe that Hendrickson has suffered. This case, therefore, is controlled by our holding in St. Patrick Hosp. v. Powell Co., 156 Mont. 153, 477 P.2d 34. In that case the injured party was a child. In the case before us the injured party is the family breadwinner which makes the fact situation more persuasive than that found in St. Patrick Hosp. We will restate our holding in that case so that there will be no misunderstanding of the law in Montana applicable to this class of cases: " * * * we do not understand the legislative intent to be that in order for a person to be an 'indigent persont within the meaning thereof to receive medical assistance there must be a total lack of resources. Rather, we believe the legislative intent was to include those persons who do not have the present or future hope of resources sufficient to pay for all the medical and hospital services required in emergency instances." We find that Harold Hendrickson falls within this class of persons. He is medically indigent. Therefore, we reverse the decision of the hearing examiner and order Gallatin County to pay for the medical bills incurred by Hendrickson. ---/ We concur: Justice w M. && Sorte, District udge, sitting in place of Mr. Chief Justice James T. Harrison.

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