Limitations Periods: Tolling

Palmer v. Safeco [12/22/06] 2006 MTWCC 44 Although Petitioner argued that the termination of his benefits pursuant to § 39-71-704(1)(e), MCA, after 60 consecutive months of non-use should be tolled because he was receiving medical treatment for difficulties which he was unaware stemmed from his industrial accident, the statute in question is not a statute of limitations but a statute of repose and cannot be tolled by the courts, but only by legislative mandate.

Fleming v. International Paper [07/08/05] 2005 MTWCC 34 The statute requiring the claimant to petition the Workers’ Compensation Court for benefits within two years of an insurer’s denial of benefits, § 39-71-2905(2), MCA (1997-2003), is tolled during mediation. See Preston v. Transportation Ins. Co., 2004 MT 339, 324 Mont. 225, 102 P.3d 527.

UEF v. Hume [11/18/03] 2003 MTWCC 67 Under Uninsured Employers' Fund v. Gould, 2003 MTWCC 23, and Intermountain Deaconess Home v. State of Montana, 191 Mont. 309, 623 P.2d 1384 (1981), the limitations period for the UEF to file a petition for reimbursement from an uninsured employer was tolled by the UEF's Order Determining Liability of Uninsured Employer which issued prior to the running of the limitations period. While the 1989 statutes in effect when the claim arose provided different procedures for seeking indemnification from an uninsured employer, those differences are immaterial under Gould and Intermountain.

UEF v. Gould [3/21/03] 2003 MTWCC 23 Under Intermountain Deaconess Home v. State of Montana, 191 Mont. 309, 623 P.2d 1384 (1981), the two-year statute of limitations applicable to the UEF's action against an uninsured employer for reimbursement of benefits paid or to be paid on behalf of the claimant is tolled by an administrative demand letter sent to the uninsured employer within the two-year period.

Aaby v. MMIA [11/5/01] 2001 MTWCC 57 Insurer moved for summary judgment against minor daughter and ex-wife of decedent, arguing neither filed claim for death benefits within a year of the decedent's death pursuant to section 39-71-601, MCA (1993). The motion regarding the daughter is denied where no guardian or guardian ad litem was appointed to represent her interests until this year. Under Randall James Simons-Tollefson v. State Compensation Insurance Fund, 2000 MTWCC 7, no one is authorized to bring a claim for death benefits on behalf of a minor child until a guardian or guardian ad litem is appointed for that purpose and the statute does not begin to run until appointment. The Court does not reach the merits of the summary judgment motion against the ex-wife where the insurer has also moved for default against her, which motion must first be resolved after notice and hearing.

Partin v. State Fund [3/14/97] 1997 MTWCC 11 WCC reversed conclusion of DOL hearing officer that reversed Department's order waiving one-year filing requirement on basis of equitable estoppel. Hearing officer erred in finding that, even if claimant's testimony were credited, he had not established elements justifying equitable estoppel of assertion of statute of limitations. If claimant's testimony is credited, he has established the requirements of equitable estoppel based on the employer's alleged representations to him concerning use of health insurance and payment of additional expenses by the employer.