24.5.307A JOINDER AND SERVICE OF ALLEGED UNINSURED EMPLOYERS (1) In any case involving entitlement to benefits from the uninsured employers' fund, whether filed by a claimant, the uninsured employers' fund, or any other party, the alleged uninsured employer shall be deemed a party to the action.
(2) In all such cases, the uninsured
employers' fund shall use due diligence to accomplish personal service of the
petition upon the alleged uninsured employer within 20 days of the filing of
(3) Service shall be made in accordance
with the Mont. R. Civ. P., except that time lines for service, return of service,
or response shall be in accordance with the rules of the workers' compensation
court or as ordered by the workers' compensation court.
(4) Failure or inability to timely
serve the alleged uninsured employer shall not be cause to delay the proceeding
absent agreement of the parties or order of the court for good cause.
(5) At the request of any party,
for good cause shown, an issue as to whether the employer was in fact uninsured
or owed claimant a duty of providing workers' compensation coverage, may be
bifurcated from the trial of issues relating to a claimant's entitlement to
benefits. (History: Sec. 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905,
MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00;
AMD, 2002 MAR p. 93, Eff. 1/1/02.)