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Janie L. Robinson v. State Compensation Mutual Insurance Fund

Paid petition · Supreme Court of Montana, No. DA 17-0603 · judgment October 23, 2018

Certiorari denied · April 15, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Montana law authorizes workers compensation insurers to “doctor shop” by compelling repetitive medical examinations without demonstrating good cause.

  1. Is this practice an unreasonable “search,” conducted under state authority?

  2. Does it improperly condition governmental benefits upon a waiver of constitutional rights?

  3. Does this practice exceed the limits of the “Grand Bargain” of the workers compensation system by New York Central Ry. Co. v. White? New York Central Ry. Co. v. White, 243 U.S. 188 (1917).

Counsel of record

For petitioner
Lawrence A. Anderson
Lawrence A. Anderson Atty

For respondent
Dale Michael Schowengerdt
Landmark Law, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 13 2019
    Waiver of right of respondent State Compensation Mutual Insurance Fund to respond filed.
  4. Feb 20 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)