Procedure: Post-Trial Proceedings: New Trial: Newly Discovered Evidence

Hansen v. Liberty NW [06/23/05] 2005 MTWCC 32 Where the evidence tendered in support of a motion for a new trial was available to the party at the time of trial, the request for a new trial is denied.

Wingfield v. State Compensation Ins. Fund [05/19/95] 1995 MTWCC 37 While claimant’s pro se status at the Department hearing is not sufficient to permit his introduction of new evidence following the hearing, vocational testimony presented at the hearing constituted new information and unfair surprise in light of prior information available to claimant, justifying presentation of new evidence.

Wingfield v. State Compensation Ins. Fund [05/19/95] 1995 MTWCC 37 Although Workers’ Compensation Court rule 24.5.350(4) contemplates acceptance of new evidence in the Workers’ Compensation Court on appeal from a decision of the Department of Labor and Industry, where claimant has shown entitlement to present new evidence, controversy over appropriate rehabilitation option for claimant is more appropriately remanded to the Department hearing officer, a procedure contemplated by section 2-4-703, MCA.