No, 12738 INTHE SUPREME COURT OF THE STATE OF MONTANA

THE STATE OF MONTANA, ex rel. HAROLD D. HENDRICKSON, Petitionerand Relator,

GALLATIN COUNTY, a political subdivision of theStateof Montma; and BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, et al., Defendants and Respondents.

Appeal from: District Court of theThirteenth Judicial District, Honorable Robert HeWilson, Judge presiding. Counsel of Record: For Petitioner: Crowley

## ,Kilbourne

## ,Haughey

## ,Hanson and Gallagher,

Billings, Montana Robert Edd Lee argued, Billings, Montana For Respondents: c L> rl~~ 

## 'Afl+' Olsen d&i, Bozeman, Montana Thomas Gai, ~e~ut~ couny Attorney, argued, Bozeman, Montana Thomas Mahan, SpecialAssistant Attorney General,

Helena, Montana

Submitted: June 17, 1974

### Mr. Justice Gene B. Daly delivered the Opinion of the Court. This is an appeal by Gallatin County from a denial by the district court of itsmotion for a change of venue and an application for a writ of review by Harold D. Hendrickson from

a decisionby the Board of Social and RehabilitationAppeals affirming an order denying appellant state general assistance medical aid and hospitalization forAugust, 1972. By an order from this Court dated May 4, 1974,both matters were consolidated. Both parties requested this Court to decide on the merits of this case without prior district court review. Because this is an action in equity, because both parties stipulated that there are no facts in dispute and because of the extreme circumstances of necessity in this case, this Court has agreed to hear this appeal directly from the appeal before the Department of Social and Rehabilitation Services. The facts of the case show that Harold D. Hendrickson was

a truckdriver. He owned his own truck and leased it to G. D. Eastlick Inc., a grain shipper. On July 15, 1972,Hendrickson was injured in a single truck accident near Malta, Montana. At the time of the accident Hendricksonwas residing in Billings with his wife and four children. Hendrickson had previously lived in Gallatin County but had moved from Gallatin County to Yellowstone County approximately seven months prior to the time of his accident. From July 15, 1972 to November 1, 1972, Hendrickson was confined to St. Vincent's Hospital and not able to be moved because of the extent of his injuries. On November 1, 1972,Hendrickson was transported to theVeteran's Administration Hospital at Miles City. On August 1, 1972,Winifred Hendrickson, the wife of Harold Hendrickson,applied for public assistance on behalf of the appellant to the Yellowstone County Department of Public Welfare in Billings. Yellowstone County Welfare Departmentdetermined thatHendrickson was eligible for medical assistance pursuant to section 71-1516,R.C.M. 1947,which administers a federally subsidized program valid for thirty days hospitalization. Aid to Hendrickson's family was approved in the form of family assistance in the sum of $187 per month. Upon the termination of benefits under the federally subsidized medical assistance program itwas det~rmined by the Yellowstone County Welfare Board that Gallatin County was the responsible county for state general assistancemedical aid and hospitalization for persons unable to provide such necessities for themselves pursuant to section 71-308, R.C.M. 1947,because Hendrickson had undertaken residence in Yellowstone County less than one year before his disability ensued. On September 21, 1972,Gallatin County, by its county welfare board, denied state general assistancemedical aid and hospitalization for Hendrickson. On October 3, 1972,a second application for such assistance was filed on behalf of Hendrickson and it too was denied. Appellant made application for a statutory fair hearing,which fair hearing was held February 14, 1973. The decision of the hearing officer was entered on February 20, 1973, granting Hendrickson general assistancemedical aid and hospitalization for the month of September 1972,and the first fifteen days of October 1972;denying Hendrickson general assistance medical aid and hospitalization for the month of August 1972,on the ground that Hendrickson received during that month a $789 insurance settlement for the property damage to his truck's trailer caused by the accident,and that compensation should be considered income, and therefore, Hendrickson exceeded the state welfare income eligibility standards during that month; and holding that St. Patrick Hosp. v. Powell Co., 156 Mont. 153, 477 P.2d 34,was not precedent setting and therefore does not apply to the 

### end ricks on claim. Hendrickson then appealed the decision of the hearing officerdenying him general assistancemedical aid and hospitalization for themonth of August tothe Board of Social and Rehabilitation Appeals forthe Stateof Montana on April 4, 1973. Gallatin County did not appear. On April 5, 1973, the Board denied Hendrickson relief and affirmed the hearing officer. On May 4, 1973, Hendrickson petitioned for review in the districtcourt forthe thirteenth judicial districtof the State of Montana, inand for the County of Yellowstone. Gallatin County moved for a change of venue on May 21, 1973, which motion was denied by the districtcourt on February 13, 1974. On March 8, 1974, Gallatin County filed a notice of appeal tothisCourt from the order below denying change of venue. That appeal, docketed as Cause No. 12721, was consolidated with themedical assistance questionpursuant tothe order of this Court dated May 4, 1973. This Court is therefore asked toreview the questions of

venue and the denial by the hearing examiner of general assistance medical aid and hospitalization for themonth of August, 1972, which amounted toa total of approximately $6,183.10. The Montana AdministrativeProcedure Act, which is set out in section 82-4216, R.C.M. 1947, provides forjudicial review of contested cases and section 82-4216(2) reads: "Proceedings forreview shall be institutedby filinga petition indistrict courtwithin thirty (30) days after service of the final decision of the agency, or if a rehearing is requested, within thirty (30) days afterthe decision thereon. ~xcept as otherwise provided by statute, the petition shall be filed in the district court for the county where thepetitioner resides orhas hisprincipal place of business, orwhere the agency maintains itsprincipal office. 

## * 

## * *" (Emphasis added.) Gallatin County contends that section 93-2903, R.C.M. 1947, provides that allactions against a county must be commenced and tried insuch county. The statutereads: "An action against a county may be commenced and tried in such county, unless such action is broughtby a county, inwhich case it may be commenced and tried in any county not a party thereto." The county citesGood Roads Machinery Co. v. Broadwater Co., 94 Mont. 68, 20 P.2d 834, in support of his argument. The county contends that since section 82-4216(2) states that "Except asotherwise provided by statute", the county inwhich thepetitioner resides shallbe theproper county tofilethe appeal and since section 93-2903, R.C.M. 1947, does not provide that allactions against a county must be brought inthat county, appellant's appeal must be brought in Gallatin County. With that argument, thisCourt cannot agree. Good Roads Machinery Co. is not inpoint with the facts inthiscase, since it involved litigation originating inthe districtcourt against the county. This

case before us now is an actionbrought toreview the administrativeproceedings before the Board of Social and Rehabilitation Appeals; it isnot an action brought against the county and does not come within the purview of section 93-2903, R.C.M. 1947. Section 82-4216(2), R.C.M. 1947, isthe statutewhich properly determines the venue in thiscase. Yellowstone County isthe county inwhich Hendrickson may filehis appeal. We therefore affirmthe districtcourt's denial of themotion for a change of venue. Wenext turn tothe question of whether Hendrickson was properly denied medical and hospitalization financial aid forthe month of August, 1972. We find that the decision of the Board of Social and RehabilitationAppeals toaffirmthe findings of the hearing examiner isnot supported by the evidence presented atthe fairhearing. At the timeof the accident, Hendrickson was the sole supporter for his family. Hiswife coincidently began work thevery day of the accident and was bringing home about $110 to $120 every two weeks. There are four children in the family. Records show thatbefore the accident the Hendricksons were barely making endsmeet. There was no insurance tocover Hendrickson'shospitalization. The only property Hendrickson had was a trailer home in which they lived and in which they had an equity of $1,300. The insurance settlement for the loss of the truck amounted to $789. The $789 was used by Mrs. Hendrickson to cover everyday living expenses. There is no evidence that the Hendricksonts financial affairs will soon be any brighter. It becomes clearly obvious that although the Hendricksonsmight not be economically indigent, insofar as general assistance is concerned, however, they have no means to meet with this medical catastrophe that Hendrickson has suffered. This case, therefore, is controlled by our holding in St. Patrick Hosp. v. Powell Co., 156 Mont. 153, 477 P.2d 34. In that case the injured party was a child. In the case before us the injured party is the family breadwinner which makes the fact situationmore persuasive than that found in St. Patrick Hosp. We will restate our holding in that case so that there will be nomisunderstanding of the law in Montana applicable to this class of cases: 

## " 

## * * * we do not understand the legislative intent to be that in order for a person to be an 'indigentpersontwithin the meaning thereof to receivemedical assistance there must be a total lack of resources. Rather,we believe the legislative intentwas to include those persons who do not have the present or future hope of resources sufficient to pay for all the medical and hospital services required in emergency instances." We find that Harold Hendrickson fallswithin this class of persons. He ismedically indigent. Therefore, we reverse the decision of the hearing examiner and order Gallatin County to pay for the medical bills incurred by Hendrickson.



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/ Justice We concur:M. 

## && Sorte, District udge, sitting in place of Mr. 

# w

Chief Justice James T. Harrison.