Procedure: Post-Trial Proceedings: Amendments to Findings

Cornelius v. Lumbermen's Underwriting Alliance [08/07/12] 2012 MTWCC 29 Where the only mention of Respondent’s request for amendment is in the caption of its petition, Respondent has not adequately set forth specifically and in full detail the relief requested by its motion to amend and its motion is therefore denied.

Morse v. Liberty Northwest Ins. Corp. [07/10/12] 2012 MTWCC 24 The Court rejected Respondent’s request to amend the Court’s findings to include a finding regarding whether Petitioner had reached MMI between his first and second industrial accidents.  Where the parties specifically requested in the Pretrial Order that the Court determine only whether liability existed but to make no findings or conclusions as to the nature or extent of such liability, the Court will not extend the scope of its ruling beyond the issue presented for determination by the parties.

Morse v. Liberty Northwest Ins. Corp. [07/10/12] 2012 MTWCC 24 Where the Court found that Petitioner had proven that his first industrial accident occurred before a certain, crucial date and that his second industrial accident occurred after this crucial date, the Court rejected Respondent’s request to amend the findings where Respondent argued that Petitioner had failed to prove the exact date of his industrial accidents.  The Court held that its decision made no such finding.

Hopkins v. Uninsured Employers' Fund [06/25/10] 2010 MTWCC 9A Where the UEF failed to list its claim for indemnification in the disputed issues section of the final pretrial order, but listed the indemnification issue in its contentions, the employer had no basis to claim surprise and the Court may consider the indemnification issue.