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No. 96-645

IN THE SUPREME COURT OF THE STATE OF MONTANA
1997

DON MacMILLAN,
Plaintiff and Appellant,

v.
STATE COMPENSATION

INSURANCE FUND, et al.,
Defendants and Respondents.

APPEAL FROM: District Court of the First Judicial District,
In and for the County of Lewis and Clark,
The Honorable Thomas C. Honzel, Judge presiding.

COUNSEL OF RECORD:
For Appellant:
Tom L. Lewis and Andrew D. Huppert; Lewis, Huppert & Slovak,
Great Falls, Montana
For Respondents:
Jacqueline T. Lenmark and P. Keith Keller; Keller, Reynolds, Drake,
Johnson & Gillespie, Helena, Montana

Submitted on Briefs: June 26, 1997

Decided: October 28, 1997
Filed:

__________________________________________
Clerk

file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/96-645%20Opinion.htm (1 of 6)4/16/2007 4:14:51 PM
Justice Karla M. Gray delivered the Opinion of the Court.

Don MacMillan (MacMillan) appeals from the judgment entered by the First
Judicial District Court, Lewis and Clark County, on its order granting the motion for
summary judgment filed by the State Compensation Insurance Fund, the State of Montana

and Carl Swanson (collectively, the State Fund). We reverse and remand.
The dispositive issue on appeal is whether the District Court erred in

concluding
that MacMillan does not have a cause of action under the Wrongful Discharge from
Employment Act and, on that basis, in granting summary judgment to the State Fund.

BACKGROUND
In 1989, the Montana legislature created the State Compensation Mutual Insurance
Fund, a nonprofit, independent public corporation and domestic mutual insurer

statutorily
required to provide workers' compensation insurance coverage to any Montana employer
requesting such coverage. Patrick J. Sweeney (Sweeney) was appointed executive
director of the new State Fund. Sweeney hired MacMillan to serve as vice president
of
the benefits department and MacMillan assumed that position on December 18, 1989.
Carl Swanson (Swanson) replaced Sweeney as executive director in 1993. In April of
1994, Swanson terminated MacMillan from his position as vice president of benefits.

MacMillan subsequently filed a complaint in District Court alleging causes of
action under the Montana Wrongful Discharge from Employment Act (WDEA) and 42

U.S.C.

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Montana Law