Procedure: Intervention

Moreau v. Transportation Ins. Co. [08/26/15] 2015 MTWCC 17 The Court denied an employer’s motion to intervene where the Court could not determine whether the employer’s involvement would delay the case.  Although the employer argued that Petitioner’s contention that it would cause delay was “speculative,” as the moving party, the employer had the burden of proving that its intervention would not result in delay, and it failed to do so here.

Moreau v. Transportation Ins. Co. [08/26/15] 2015 MTWCC 17 The Court denied an employer’s motion to intervene where the Court determined that the employer’s interests were aligned with its insurer’s and that the insurer was adequately representing the employer’s interests.

Moreau v. Transportation Ins. Co. [08/26/15] 2015 MTWCC 17 Where an employer knew about a dispute for over a year prior to moving to intervene, the Court held that its motion was untimely.

McCoy v. Travelers Casualty & Surety Co. [04/07/14] 2014 MTWCC 3A Where the Department admitted it filed its motion to intervene more than 30 days after the service of the petition, it requested leave of Court to file a motion to intervene, which the Court granted.

Baarson v. Montana State Fund [6/2/03] 2003 MTWCC 39 Where the beneficiaries of the decedent are pursuing both death benefits under the Workers' Compensation Act and a civil action against the employer, the employer will be allowed to intervene where it alleges that the beneficiaries are using the Workers' Compensation Court action for discovery in the civil matter without the participation of the employer, the employer's defense in the civil action may rely on facts and law common in the Workers' Compensation Court case, and the insurer is doubtful it can adequately protect the employer's interests in light of its own independent duties to injured workers.