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Court Dodges Constitutional Challenge to Statutory Cutoff for Medical Benefits

By WorkCompCentral

Wednesday, January 3, 2018 | 601 | 0 | 10 min read

The Montana Workers’ Compensation Court ruled that a worker was entitled to ongoing medical benefits more than five years after his injury because he established that he was permanently and totally disabled. Case: Davis v. Liberty Insurance Corp., No. 2017-3948, 12/26/2017. Facts and procedural history: Alan Davis injured his back in 2004. His doctor imposed permanent lifting restrictions on him after the accident. In September 2006, Davis began working for ProBuild Holdings. Over the next five years, Davis reported that his pain was down to a level 1 or 2 on most days, with flar...

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