Section 2-4-702, MCA


[1997] Synthetic Technologies Corp. v. ERD, UEF [1/14/99] 1999 MTWCC 5 Where appeal from decision of DOL was tendered to the WCC as a hybrid appeal/petition failing to include a certificate of service on the opposing party as required by ARM 24.5.350, the Clerk of the WCC refused to file the document and returned it to counsel. Because this was the 30th day after the decision below, respondent moved to dismiss the appeal, arguing it was not timely under section 2-4-702(2)(a), MCA. The WCC denied the motion to dismiss, holding that section 2-4-702(2)(a), MCA, while a jurisdiction statute, was satisfied by the document appellant attempted to file. The Clerk of Court should have filed that document, then required compliance with Court rules. Although service was not made on the opposing party within 30 days, section 2-4-702, MCA only requires "prompt" service, not service within 30 days as a matter of jurisdiction of the appellate court.