Janie L. Robinson v. State Compensation Mutual Insurance Fund
AdministrativeLaw FourthAmendment DueProcess Privacy
Unreasonable medical examinations in workers' compensation system violate Fourth Amendment, exceed 'Grand Bargain' limits, and improperly condition benefits on waiver of constitutional rights
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? 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).