Attorney Fees: Uninsured Employers' Fund and Uninsured Employers

Attorney Fees: Uninsured Employers' Fund AND Uninsured Employers

MONTANA SUPREME COURT DECISIONS

In the Matter of Clarke v. Scott Massey, d/b/a All Seasons Constr., 271 Mont. 412 (1995) (No. 95-106) Where there is absolutely nothing in the plain language of section 39-71-611, MCA (1989), that would make its provisions for award of attorney fees applicable to uninsured employers, and no indication from the statutory language of a legislative intent that the statute by so applied, the Workers’ Compensation Court was correct in determining that fees could not be awarded against an uninsured employer in a workers’ compensation proceeding. Affirming Clarke v. Scott Massey, d/b/a/ All Seasons Construction, 1995 MTWCC 8.

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Dostal v. Uninsured Employers' Fund [11/15/12] 2012 MTWCC 42 Since the UEF was included in the definition of “insurer” in § 39-71-116(10), MCA (1991), it is therefore treated as such for purposes of § 39-71-611, MCA, and can be held liable for attorney fees if its actions in denying liability or terminating benefits are found unreasonable by this Court.

Pekus v. UEF [4/25/03] 2003 MTWCC 33, rev'd in part, 2012 MTWCC 42 The UEF is not an insurer under section 39-71-611 or 39-71-612, MCA (2001), and is not subject to an award of attorney fees.

Clarke v. Massey d/b/a All Seasons Construction [01/27/95] 1995 MTWCC 8 While section 39-71-515, MCA (1989) provides for attorney fees to a claimant recovering in district court against an uninsured employer, no statute in the 1989 Act allows the Workers’ Compensation Court to award fees against an uninsured employer relating to a case in the Workers’ Compensation Court.