Robinson v. State Compensation Mutual Insurance FundAnnotate this Case
The Supreme Court affirmed the decision of the district court granting summary judgment in favor of State Compensation Mutual Insurance Fund (State Fund) on Plaintiff’s claims that, inter alia, Mont. Code Ann. 39-71-605 was unconstitutional because it permits workers’ compensation insurers to obtain multiple medical examinations of a claimant and that State Fund committed a constitutional tort against her, holding that the district court properly dismissed the claims.
Plaintiff brought this proceeding challenging State Fund’s handling of her workers’ compensation claims. The district court granted summary judgment for State Fund. The Supreme Court affirmed, holding (1) section 39-71-605 is neither facially unconstitutional nor unconstitutional as applied in Plaintiff’s case; and (2) there was no basis to claim a constitutional tort.