Occupational Disease: Applicable law

MONTANA SUPREME COURT DECISIONS
Hardgrove v. Transportation Ins. Co. [12/01/04] 2004 MT 340 (No. 03-678) The law in effect on an employee’s last day of work governs the resolution of an ODA claim.

Nelson v. CENEX, Inc., 2008 MT 108, 342 Mont. 371, 181 P.3d 619 Where the claimant worked for the same employer during two distinct time periods, and it was only during the first time period that he was exposed to asbestos, the applicable law is determined by his last day of employment during the first employment he had with the employer.

 
MONTANA WORKERS' COMPENSATION COURT DECISIONS

Bouldin v. Liberty Northwest Ins. Co. [3/4/97] 1997 MTWCC 8 Where claimant’s right to compensation accrued at the time she filed her occupational disease claim, the law in effect at that time controls. This is consistent with the general rule in workers’ compensation cases that the law in effect at the time of injury controls the case.