Montana Workers' Compensation Court
The NFIB Legal Foundation filed an amicus brief with the Montana Workers' Compensation Court opposing a challenge to the constitutionality of a state statute passed by the Montana Legislature in 1981. That statute allows a reduction in workers' compensation benefits when a claimant becomes eligible for other forms of retirement compensation such as Social Security or a pension. If the court rules in favor of the claimants, the cost of compensating everyone collecting permanent disability now and in the future would increase.
Status: Decided. NFIB filed an amicus brief Aug. 8, 2005. An Oral argument was held Oct. 7, 2005. On Dec. 12, 2005, a Workers' Compensation judge denied the claim asking for lifetime wage replacement benefits for workers who are permanently partially disabled.
