Limitations Periods: Claim Filing: Waiver of Time: Latent Injury


Siebken v. Liberty Mut. Ins. Co. [10/21/08] 2008 MT 353 Where the incident reports of an altercation did not describe an unusual strain or trauma, it was incumbent on the claimant to notify his employer when he learned that he had suffered an unusual strain because under these facts, the employer could not have reasonably understood an injury had occurred. There must be something in the notice that would indicate “to a reasonably conscientious manager that the case might involve a potential compensation claim.”


McGuin v. State Fund [12/16/99] 1999 MTWCC 82 Claimant who did not realize until years later that incident occurring during 1986 diving training resulted in serious ear problems was not barred by his failure to file a claim within one year of the incident. Because he was unaware of his condition or that it arose during the work incident, he filed a timely claim within one year of the diagnosis of his condition.

McNeese v. State Compensation Ins. Fund [05/05/95] 1995 MTWCC 33 Where the evidence indicates claimant delayed pursuing his claim because he was not aware of the nature or severity of his injury, he is entitled to waiver of the one-year filing requirement of section 39-71-603, MCA (1989).