Split Supreme Court Upholds Statutory Limitation on Impairment Awards

A narrowly divided Montana Supreme Court upheld the constitutionality of a statute that limits impairment awards to a subset of workers who have industrial injuries that do not cause wage loss. Case: Hensley v. Montana State Fund, No. DA 19-0523, 12/16/2020, published. Facts: Susan Hensley worked as a paramedic for Polson Ambulance. She injured her left shoulder while at work in January 2012 and was diagnosed with a glenoid labral tear. The Montana State Fund provided insurance for Polson and accepted liability for Hensley’s injury. She was unable to work from mid-February 2012 ...