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
Thomas Gai, ~ e ~ county ~u t Attorney, argued, Bozeman,
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 Re-
habilitation 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 ex-
tent 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 appel-
lant 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 Yellow-
stone 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 hospital-
ization 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 eligi-
bility 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. Gallatin
County d i d n o t a p p e a r . 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 ques-
t 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
decision thereon. ~ x c e p t as 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 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. With t h a t
argument, t h i s C o u r t c a n n o t a g r e e . 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 liti-
g 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, R.C.M. 1947. Sec-
t i o n 8 2 - 4 2 1 6 ( 2 ) , R.C.M. 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 applic-
able 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 med-
ical bills incurred by Hendrickson.
----
Justice
/
We concur:
w M. && Sorte, District
udge, sitting in place of Mr.
Chief Justice James T. Harrison.