No. 18-1099

Janie L. Robinson v. State Compensation Mutual Insurance Fund

Lower Court: Montana
Docketed: 2019-02-22
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-rights constitutional-rights due-process grand-bargain medical-examination new-york-central-v-white search search-and-seizure state-authority unconstitutional-conditions workers-compensation
Latest Conference: 2019-04-12
Question Presented (from Petition)

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?

8. 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).

Question Presented (AI Summary)

Unreasonable medical examinations in workers' compensation system violate Fourth Amendment, exceed 'Grand Bargain' limits, and improperly condition benefits on waiver of constitutional rights

Docket Entries

2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-03-13
Waiver of right of respondent State Compensation Mutual Insurance Fund to respond filed.
Main Document
2019-02-20
Petition for a writ of certiorari filed. (Response due March 25, 2019)
PetitionPetitionPetitionPetition

Attorneys

Janie Robinson
Lawrence A. Anderson — Lawrence A. Anderson Atty, Petitioner
State Compensation Mutual Insurance Fund
Dale Michael Schowengerdt — Montana Department of Justice\, Respondent