Uninsured Employers' Fund: Attorney Fees

Dostal v. Uninsured Employers' Fund [12/04/12] 2012 MTWCC 45 Where the Court found that the UEF “failed to enunciate a clear, defensible reason” for denying Petitioner a referral requested by her treating physician, the Court found that the UEF had acted unreasonably and concluded that Petitioner was entitled to her attorney fees.

Dostal v. Uninsured Employers' Fund [03/06/12] 2012 MTWCC 42 Since the UEF was included in the definition of “insurer” in § 39-71-116(10), MCA (1991), it is therefore treated as such for purposes of § 39-71-611, MCA, and can be held liable for attorney fees if its actions in denying liability or terminating benefits are found unreasonable by this Court.

Pekus v. UEF [4/25/03] 2003 MTWCC 33, rev'd in part, 2012 MTWCC 42. The UEF is not an insurer under section 39-71-611 or 39-71-612, MCA (2001), and is not subject to an award of attorney fees.