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Quigg v. Montana State Fund10/25/2005
Submitted on Briefs: September 21, 2005
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
Gary Quigg (Quigg) was injured while performing community service, which had been ordered as a condition of his parole by the Montana State Board of Pardons. The Montana State Fund (State Fund) provided Quigg with medical benefits and an impairment award but denied Quigg's eventual request for rehabilitation, temporary total disability and permanent partial disability benefits. Quigg sued to get these benefits, and the Workers' Compensation Court granted summary judgment in favor of the State Fund. Quigg now appeals, and we affirm.
Gary Quigg is currently serving a life term in Montana State Prison. On February 5, 1993, Quigg was granted parole by the Montana State Board of Pardons. As a condition of his parole, Quigg was required to perform seventy hours of community service. Quigg initially objected to this condition. After the Board of Pardons informed him that refusal to perform community service amounted to rejection of the Board's offer of parole, however, Quigg agreed to perform the community service.
While fulfilling his community service obligation in April 1993, a refrigerator fell on top of Quigg and he herniated a lumbar disk. The organization that Quigg worked for while completing his community service did not pay him any wage but it did pay premiums to State Fund to provide him with workers' compensation coverage. Accordingly, State Fund accepted liability for Quigg's injury and paid medical benefits and an impairment award, pursuant to § 39-71-118(1)(f), MCA (1991).
In 1996 Quigg's parole was revoked, and he was again incarcerated in Montana State Prison.
In 1997 Quigg attempted to procure rehabilitation benefits, rehabilitative services, temporary total disability and permanent partial disability benefits from State Fund. Eventually, Quigg's claim reached the Workers' Compensation Court, wherein he requested a determination that he would be entitled to these benefits if and when he is again released from incarceration. Quigg failed, however, to request that the Workers' Compensation Court determine his right to rehabilitative services. The court determined that Quigg is not entitled to temporary total disability benefits because he was earning no wage when injured. The court also observed that § 39-71-744, MCA (1993), prohibits conferring disability or rehabilitation benefits on a person who is incarcerated. Consequently, the court granted State Fund's motion for summary judgment and dismissed Quigg's petition. The court held that Quigg had presented a non-justiciable claim because his purported entitlement to benefits was dependent on his hypothetical future release from incarceration; thus, his claim was not ripe for adjudication. Quigg now appeals dismissal of his petition.
Our standard of review of the Workers' Compensation Court's grant of summary judgment is de novo. Matthews v. BJS Construction, Inc., 2003 MT 116, 12, 315 Mont. 441, 12, 68 P.3d 865, 12 (citations omitted). Accordingly, the movant must demonstrate that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Rule 56, M.R.Civ.P.; Matthews, 12 (citations omitted). In addition, we review the Workers' Compensation Court's conclusions o
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