Jurisdiction: Dispute

Larson v. Montana State Fund [01/16/15] 2015 MTWCC 1 There is no distinction between a case in which a claimant seeks a determination of “liability” and one in which the claimant seeks “benefits.”  A dispute over “liability” is a dispute over benefits and therefore this Court has jurisdiction under § 39-71-2905, MCA.

Newlon v. Teck American Inc. (Formerly Cominco) [05/08/14] 2014 MTWCC 12 Where Petitioner sought the continuation of medical benefits and Respondent denied liability for those benefits, a dispute over benefits exists so as to satisfy this Court’s jurisdictional requirements.

Koch v. Employers' Ins. Group [04/30/12] 2012 MTWCC 14 Under § 39-71-2905, MCA, an appropriate party may petition this Court for a determination of any dispute concerning benefits after satisfying the statutory mediation requirements.  Here, the parties have not set forth any “dispute” regarding the calculation of Petitioner’s average weekly wage.  If there is no dispute concerning benefits, this Court lacks subject matter jurisdiction.
Applegate v. Liberty Northwest Ins. [10/9/02] 2002 MTWCC 45 While an insurer may refuse auxiliary benefits, such refusal may be disputed by the claimant, in which case the dispute may be mediated and thereafter resolved by the Workers' Compensation Court.
Liberty Northwest Ins. Corp, v. Nancy Petak [3/4/98] 1998 MTWCC 21 WCC has jurisdiction over dispute between medical provider, claimant, and insurer regarding whether attorneys fees are properly paid out of medical benefits obtained through the efforts of the attorney. With a few exceptions not relevant here, the WCC has broad jurisdiction over matters arising under the WCA, including matters which do not directly involve but affect benefits. The distribution of benefits under the WCA falls under the Court's jurisdiction.