Appeals (To Workers' Compensation Court): Generally

Hand v. UEF [11/30/04] 2004 MT 336 (No. 03-346) Applying section 39-72-612, MCA (1997), Supreme Court reverses WCC determination that UEF could raise affirmative defense not raised prior to DOL Order of Determination.

Johnson v. Transportation Ins. Co. [12/8/98] 1998 MTWCC 88 Where claimant had agreed to comply with Department of Labor order that she undergo an Independent Medical Examination, her appeal, which challenged that order, was dismissed on respondent/insurer's motion. Although claimant still wanted the WCC to resolve the appeal, her agreement to the IME was not in fact conditioned on pursuit of the appeal and courts, in any event, do not resolve issues mooted by a party's voluntary compliance with a judgment.

Holcomb v. MMIA and Subsequent Injury Fund [12/2/97] 1997 MTWCC 66A A 46-year old former truck driver/laborer with the City of Missoula Street Department claimed wage supplement benefits under section 39-71-703, MCA (1987). Because the Subsequent Injury Fund was potentially liable, the matter was heard before a hearing officer of the Department of Labor pursuant to section 39-71-910, MCA (repealed in 1997), then appealed to the WCC. Under section 2-4-704(2), MCA, this Court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The Court looks to whether the administrative findings, inferences, conclusions, or decisions are "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record." The hearing officer's finding that claimant is presently qualified to earn the same wage as his time-of-injury wage, and is thus not entitled to wage-loss benefits, is supported by the record.
Rich v. State Compensation Ins. Fund [12/20/95] 1995 MTWCC 108 Section 39-71-1011, MCA (1987), et seq., requires rehabilitation services for disabled workers, including a rehabilitation panel designed by the DOL, and DOL hearing procedures, with the right of appeal of the DOL determination to the WCC. Where the rehabilitation procedures were invoked, and are still pending, claimant may not circumvent those procedures by filing a permanent total disability petition in the WCC.