ARM 24.29.3802


Pinnow v. Montana State Fund, 2007 MT 332, 340 Mont. 217, 172 P.3d 1273 An administrative agency does not have the power to create or divest a court of subject matter jurisdiction, and the Legislature has provided that the Department of Labor and Industry shall not make rules or otherwise control the Workers’ Compensation Court. Thus, to the extent that ARM 24.29.3802(9) attempts of its own accord to divest the Workers’ Compensation Court of jurisdiction over a dispute between any claimant and an attorney relative to attorney’s fees in a workers’ compensation claim, the provision is ineffective.


Dixon v. State Fund [7/26/01] 2001 MTWCC 40 The $75 hourly rate set in ARM 24.29.3802 for attorneys handling workers' compensation claims on an hourly rate basis is an appropriate rate of compensation for attorneys acting as guardians ad litem in workers' compensation proceedings.

Ingebretson v. Louisiana Pacific Corp. [11/06/95] 1995 MTWCC 92 Where ARM 24.29.3802(2) provides that an attorney representing a workers’ compensation claimant shall submit a written attorney fee agreement to the DOL “within thirty days of undertaking representation of the claimant,” no recovery is allowed for work performed more than 30 days prior to execution and submission of the fee agreement.