Limitations Periods: Claim Filing: Waiver of Time

Bain v. Liberty Mutual Fire Ins. [5/27/04] 2004 MTWCC 45 Waiver of the one- year limitations period for filing a claim is limited to the additional two-year period specified by section 39-71-601(2), MCA (1995-2003). Prior Court decisions placing no restrictions on the time for waiver have been superceded by the statute.

Scozzari v. MSGIA [2/17/04] 2004 MTWCC 7 Where a claimant is aware she was injured and in fact seeks medical care for her injuries within the one-year filing period prescribed by section 39-71-601(1), MCA (1999), and where immediately after the industrial accident she was specifically requested by her employer to file a written workers' compensation claim, but she refused or failed to do so, claimant is not entitled to a waiver of the one-year limitations period. § 39-71-601(2), MCA (1999).

Maddalena v. Indemnity Ins. [2/27/03] 2003 MTWCC 14 Where a claimant is aware he has a back injury and undergoes back surgery, and is not prevented by his employer from filing a written claim, there is no basis for waiving the one-year claim filing requirement. § 39-71-601, MCA (1999).