Higher Court Sends Case Back to Workers' Comp Court
By Sophia Brink
Published on December 14, 2007
The workers' compensation court did not follow proper procedure when deciding that the case was ready for appeal according to the higher court.
Under Montana state law, when an injured worker reaches age 65 or is eligible to draw Social Security, his or her benefits are terminated.
A lawsuit filed in 2003 by three disabled workers challenges this law, claiming it is discriminatory against older injured workers and therefore unconstitutional.
Since workers are expected to retire at 65, the Montana State Fund maintains that it is appropriate that workers' compensation benefits expire at that age.
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