Jurisdiction: Mootness

MONTANA SUPREME COURT DECISIONS
Heisler v. State Compensation Insurance Fund, 282 Mont. 270, 937 P.2d 45 (1997) An issue is moot when it no longer presents a justiciable controversy, due to the occurrence of a given event or the passage of time. However, an issue will not be considered moot if it is capable of repetition, yet evading review.
 
MONTANA WORKERS' COMPENSATION COURT DECISIONS
Strode v. State Compensation Ins. Fund [08/31/95] 1995 MTWCC 67 Where the underlying claim against State Fund is settled, there is no pending case or controversy between the claimant and the DOL over its denial of 49-day benefits under section 39-71-610, MCA (1989), and its order on the impairment award process under section 39-71-711, MCA (1989).
Heisler v. State Compensation Ins. Fund [08/31/95] 1995 MTWCC 66 A moot question is one which existed once but because of an event or happening, it has ceased to exist and no longer presents an actual controversy. (Note, the WCC decision was reversed on other grounds in Heisler v. State Compensation Insurance Fund, 282 Mont. 270 (1997) (No. 95-485).)

Heisler v. State Compensation Ins. Fund [08/31/95] 1995 MTWCC 66 In determining questions of mootness, Montana follows the “capable of repetition, yet evading review” doctrine, which requires two elements: (1) the challenged action was in its duration too short to be fully litigated prior to the cessation or expiration and (2) there was a reasonable expectation the same complaining party would be subjected to the same action again. (Note, the WCC decision was reversed on other grounds in Heisler v. State Compensation Insurance Fund, 282 Mont. 270 (1997) (No. 95-485).)
Heisler v. State Compensation Ins. Fund [08/31/95] 1995 MTWCC 66 Even though insurer has paid the medical bills of a physician that it previously contended had not been claimant’s treating physician, the pending case is not moot where the insurer could evade judicial review by paying bills of disapproved physicians whenever the claimant petitions the WCC. (Note, the WCC decision was reversed on other grounds in Heisler v. State Compensation Insurance Fund, 282 Mont. 270 (1997) (No. 95-485).)