Appeals to Supreme Court: Generally

In the Matter of Clarke v. Scott Massey, d/b/a All Seasons Constr., 271 Mont. 412 (1995) (No. 95-106) On appeal from the Workers’ Compensation Court’s grant or denial of a motion for summary judgment, the Supreme Court determines whether there is an absence of genuine issues of material fact and whether the moving party is entitled to judgment as a matter of law.

Thompson v. State Fund [2/25/04] 2004 MTWCC 14 Since claimant is not required to pursue his claim, in lieu of an order compelling production of files containing medical information, proceedings shall be stayed until claimant agrees to the release of the records or until he appeals and the Supreme Court orders otherwise. See Bowen v. Super Valu Stores, Inc., 229 Mont. 84, 94, 745 P.2d 330, 337 (1987).

Stone v. State Compensation Insurance Fund [3/15/96] 1996 MTWCC 26 Under section 39-71-2904, MCA, appeal from any final decision of the Workers’ Compensation Court is to the Supreme Court. Petitioner’s attempt to perfect an appeal to District Court is a nullity; the Workers’ Compensation Court retains jurisdiction over his ongoing case until it receives a proper notice of appeal to the Supreme Court.