Montana Single Audit Report, Financial-Compliance Audit for the Two Fiscal Years Ended .. 2005

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Montana State Fund. 2004 MT 370, Reesor was receiving Social Security retirement benefits at the time he suffered an industrial accident. He received an impairment award, but was denied other permanent partial disability (PPD) benefits pursuant to MCA 39- 71-710, which provides that persons who are receiving Social Security benefits or are eligible for full Social Security retirement benefits are ineligible for PPD benefits other than an impairment award. Reesor challenged the constitutionality... of MCA 39-71-710 on equal protection grounds and sought full PPD benefits.
On July 26, 2003, the Workers Compensation Court found MCA 39-71-710 to be constitutional. Reesor appealed to the Montana Supreme Court, where on December 22, 2004, the court held that limiting Reesor's permanent partial benefit pursuant to MCA 39-71-710 violated the Equal Protection Clause of the Montana Constitution. Pending before the Workers Compensation Court are the retroactive application of the decision and common fund status.


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