Mahlum v. Broeder

1 Citing case

  1. State v. Dist. Court of the Ninth Judicial Dist

    628 P.2d 657 (Mont. 1981)   Cited 3 times
    In Harry this court stated, "... the Montana legislature has specifically provided that payment of a worker's compensation award shall be exempt from all forms of seizures."

    The underlying purpose and objective of workers' compensation legislation is to insure the injured worker that he will be compensated for disabilities caused by industrial accidents which, when added to his remaining earning ability, will enable him to function without being a burden to others. See Mahlum v. Broeder (1966), 147 Mont. 386, 412 P.2d 572; 1 Larson, the Law of Workmen's Compensation, ยง 2.50 at 11 (1978). In accordance with this objective and to assure its maximum benefit for the injured worker, the Montana legislature has specifically provided that payment of a workers' compensation award shall be exempt from all forms of seizures. If this exemption is to now be liberally construed in favor of the worker, as mandated by section 39-71-104, MCA, it must be given effect as written, and the exemption must be deemed complete.