GARY L. QUIGG Petitioner
MONTANA STATE FUND Respondent/Insurer.
Submitted: January 3, 2005
Gary L. Quigg, who is serving a life sentence in the Montana
State Prison, filed a petition seeking a determination that
upon his release from prison he will be entitled to
rehabilitation benefits, along with temporary total and
permanent total disability benefits, on account of an injury
he suffered while earlier on parole and working in a
community service program.
The petition is dismissed since Quigg does not allege any
present entitlement to benefits. He may never become entitled
to benefits since he may never be released again from prison.
Jurisdiction: Ripeness. Where the claimant
is incarcerated in prison pursuant to a life sentence and may
never be released, his entitlement to benefits which might be
due if released is speculative and not ripe for adjudication.
Courts adjudicate only actual, present controversies.
Jurisdiction: Justiciability. Where the
claimant is incarcerated in prison pursuant to a life
sentence and may never be released, his entitlement to
benefits which might be due if released is speculative and
non-justiciable. Courts adjudicate only actual, present
The matter before the Court is the respondent's Motion
for Summary Judgment. Finding that there is no present case
and controversy, the motion is granted.
Admissions made in the pleadings and briefs, along with
uncontroverted facts taken from discovery exhibits attached
to the respondent's Motion for Summary Judgment, provide
the following factual background:
¶2a The petitioner is Gary L. Quigg (Quigg or claimant),
an inmate at the Montana State Prison. Quigg is serving a
life sentence for first-degree murder, having been convicted
of that offense in 1968. (Ex. A at 3.)
¶2b On February 5, 1993, Quigg was paroled from prison.
(Id. at 67.) One of the conditions of his parole was
that he perform community service. (Id. at 64.)
Thereafter, Quigg began community service under the auspices
of Beta Alternatives (Alternatives).
¶2c In April 1993, while performing community service,
Quigg injured his back. (Ex. B.)
¶2d At the time of Quigg's injury, Alternatives was
insured by the Montana State Fund (State Fund). The State
Fund accepted liability for the injury and has paid both