Zempel v. Uninsured Employers' Fund [2/21/96] 1996 MTWCC 19 While the judgment of a tribal court is not entitled to full faith and credit, principles of comity require that the judgment be honored in the same manner as that of a foreign nation. Day v. Montana Dept. Of Social and Rehabilitation Services, 272 Mont. 170, 900 P.2d 296 (1995); Wippert v. Blackfeet Tribe of Blackfeet Indian Reservation, 201 Mont. 299, 654 P.2d 512 (1982). But while comity may mean that the Montana courts will recognize the judgment as valid and enforceable as between the litigants in the matter, the doctrine does not require Montana courts to accept a tribal court's conclusions of law as binding. See, Larrivee v. Morigeau, 184 Mont. 187, 602 P.2d 563 (1979).
Zempel v. Uninsured Employers' Fund [2/21/96] 1996 MTWCC 19 UEF's refusal to pay benefits to employee of business wholly owned by enrolled member of the Confederated Salish and Kootenai Tribes and operated exclusively within reservation boundaries did not violate equal protection provisions or legal redress clause of Montana Constitution where WCA did not apply to employer under federal law and rational relationship existed between that exclusion and legitimate governmental purpose of encouraging tribal self-sufficiency and economic development. (Case decided under 1991 WCA, prior to 1993 adoption of provision excluding WCA coverage of a person employed by an enrolled tribal member operating exclusively on a reservation, see section 39-71-401(2)(m), MCA (1993).)
Zempel v. Uninsured Employers' Fund [2/21/96] 1996 MTWCC 19 Because requiring workers' compensation insurance increases the cost of doing business and may impact tribal economy, workers' compensation laws are preempted by federal law and inapplicable on a reservation absent some agreement to the contrary. Although the Confederated Salish and Kootenai Tribes had adopted an ordinance, authorized by section 25 U.S.C. section 1322 (1992), to extend certain laws and jurisdiction of the state of Montana onto the reservation, workers' compensation laws were not included.