R. Allum v. Montana State Fund

ORiONL. 07/22/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0113 DA 20-0113 ROBERT L. ALLUM, FILED Petitioner and Appellant, JUL 2 1 2020 Bowen Greenwood CledAURKeale - Court v. niattta na MONTANA STATE FUND, Respondent and Appellee. Petitioner and Appellant Robert L. Allum (Allurn)filed a petition for rehearing ofthis Court's June 16, 2020 Memorandum Opinion rejecting Allum's argument on the constitutionality of the Workers' Compensation Court, as that issue was raised for the first tirne on appeal. Allurn v. Mont. State Fund, 2020 MT 159N. This Court seldom grants petitions for rehearing. M.R. App. P.20(1)(a) provides that this Court will consider a petition for rehearing only upon the following grounds: that the Court overlooked some fact material to the decision; that the Court overlooked some question presented by counsel that would have proven decisive to the case; or that the Court's decision conflicts with a statute or eontrolling decision not addressed by the Court. Having fully considered Allum's petition, the Court concludes that rehearing is not warranted under M.R. App. P. 20. The Court did not overlook material facts or issues raised by the parties or fail to address a controlling statute or decision that conflicts with the Memorandum Opinion, Allurn v. Mont. State Fund, 2020 MT 159N. IT IS THEREFORE ORDERED that the petition for rehearing is DENIED. The Clerk is directed to provide copies of this Order to all parties and counsel of record. Dated this a I., day ofJuly, 2020. Chief Justice 4- &- 1---' ("1- /. Justices 7