Jurisdiction: Judicial Reveiw

Polk v. Planet Ins. Co. [5/7/98] 1998 MTWCC 37 After the Montana Supreme Court reversed and remanded the WCC's decision affirming a DOL hearing officer in an occupational disease case, the WCC in turn remanded to the DOL. Appellant then asked the WCC to reconsider the remand, urging the WCC to hold its own evidentiary hearing and resolve the claims or, in the alternative, remand to the DOL with certain orders and instructions. Request denied because the WCC's jurisdiction in this matter is appellate jurisdiction, meaning it cannot substitute its original determinations for those of the Department. Under both section 2-4-703, MCA and ARM 24.5.350(5), any additional evidence must be taken by the agency. Appellant's arguments should be directed to the Department on remand.