# Zempel v. Uninsured Employers' Fund

> Montana Supreme Court · May 15, 1997 · 282 Mont. 424

URL: https://www.frixlaw.com/law-library/cases/9510108

## Case

- **Full name:** DARWIN ZEMPEL, Petitioner and Appellant, v. UNINSURED EMPLOYERS’ FUND, Respondent and Insurer
- **Court:** Montana Supreme Court
- **Decided:** May 15, 1997
- **Citations:** 282 Mont. 424; 54 St.Rep. 415; 54 State Rptr. 415; 938 P.2d 658; 1997 Mont. LEXIS 89
- **Precedential status:** Published
- **Opinion:** Concurrence by Trieweiler
- **Judges:** Gray, Trieweiler, Leaphart, Hunt, Nelson
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9510108

## Opinion text

JUSTICE TRIEWEILER
specially concurring.
I concur with the result of the majority opinion. However, consistent with my dissenting opinion in Stratemeyer v. MACO Workers’ Compensation Trust (1993), 259 Mont. 147, 155 , 855 P.2d 506, 511 , I would apply middle-tier scrutiny to any legislative classification which denies workers’ compensation benefits to distinct classes of injured employees.
Nevertheless, applying middle-tier scrutiny to the distinction alleged in this case, I would arrive at the same conclusion that the majority has reached pursuant to the rational basis test.
For these reasons, I specially concur with the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9510108. Public record. Not legal advice.