Facts: Claimant seeks an emergency setting with respect to his petition for reinstatement of benefits.

Held: Request denied. Claimant's benefits were cut off more than a year ago and he could have been more diligent in petitioning the Court.

Topics:

Procedure: Emergency Petition. Where claimant's benefits were cut off more than a year prior to his petitioning the Court for reinstatement of benefits, the Court will not set a trial on an emergency basis.

¶1 Petitioner's request that his petition be scheduled for trial on an emergency basis is denied. The face of the petition shows that his benefits were cut off more than a year ago. He could have obtained an earlier trial setting by being more diligent in prosecuting his claim.

DATED in Helena, Montana, this 29th day of May, 2001.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Gregory H. Warner
Mr. Greg E. Overturf