Uninsured Employers' Fund: Appeal of UEF Benefits Determination

Horizon Custom Homes v. UEF [02/14/07] 2007 MTWCC 8 Where an uninsured employer failed to request mediation within 90 days of the UEF’s unconditional acceptance of an injured employee’s claim, as required by § 39-71-520, MCA, the uninsured employer is without recourse.

Howe v. UEF [12/23/05] 2005 MTWCC 59 Section 39-71-520(1), MCA (2003), requires that following a benefits determination by the Uninsured Employers’ Fund, an aggrieved party must appeal to mediation within ninety days, otherwise the determination is final. A petitioner may effectively meet the requirements of § 39-71-520(1), MCA (2003), if a petitioner notifies the Uninsured Employers’ Fund in writing of his or her disagreement with its decision.

James v. UEF [10/22/02] 2002 MTWCC 51 Section 39-71-520, MCA, requires that following a benefits determination by the Uninsured Employers' Fund an aggrieved party must request mediation within 90 days, otherwise the determination is final. Since mediation is a prerequisite to filing a petition in the Workers' Compensation Court, §§ 39-71-2401(1), -2408(1), and -2905, MCA, a failure to request mediation within 90 days bars the Court from reviewing the UEF determination.

Hoff v. Uninsured Employers’ Fund [7/19/00] 2000 MTWCC 44 The triggering event for running of the 90 days to appeal to mediation from a determination of the uninsured employers’ fund under section 39–71-520, MCA (1999) is not receipt of the determination, but the determination itself.

Hoff v. Uninsured Employers’ Fund [7/19/00] 2000 MTWCC 44 Although section 39-71-520, MCA (1999) requires a dispute concerning uninsured employers’ fund benefits to be appealed to mediation within 90 days from the date of the determination or the date the determination became final, a letter from the UEF to claimant discussing permanent partial disability benefits was not a determination regarding temporary total disability benefits and thus did not commence the running of the appeal period regarding TTD entitlement.