Thursday, November 03, 2005

used wheelchair vans dealers

�38 Assuming that a van constitutes a "medical appliance," the
claimant's request in this case faces several, insurmountable obstacles.
�39 The first obstacle is the clear language of section 39-71-704(1)
(d), MCA (1997). As discussed above, that subsection specifically
speaks to payment for travel to medical appointments, providing that
the insurer is not liable for such travel except where it schedules the
appointment. Interpreting either the primary or secondary medical
services provision as requiring payment for a van based on the need
to travel to and from medical appointments would derogate the plain
language of section 39-71-704(1)(d), MCA, and is contrary to two
principles of statutory interpretation.

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