Schmill v. Liberty Northwest Ins. Corp.

CHIEF JUSTICE GRAY

dissenting.

¶24 I respectfully dissent from the Court’s opinion for the reasons set forth in the dissent in Stavenjord v. State Fund, 2003 MT 67, 314 Mont. 466 (Rice, J., dissenting), which I joined. Applying that rationale to the present case, I would reverse the Workers’ Compensation Court’s conclusion that § 39-72-706, MCA, violates the equal protection clauses of the United States and Montana Constitutions. I dissent from the Court’s failure to do so.