24.5.301 PETITION FOR TRIAL (1) All requests for trial before the workers' compensation court shall be in petition form, and signed by petitioner or her/his attorney. The petition shall comply with ARM 24.5.303(5). Upon request, the court will provide a form which can be used as a petition. The petition shall include the following information:

(a) in the case of an injury, the date and a description of the accident, or, in the case of an occupational disease, the date the petitioner became aware of the occupational disease and a description of the condition and its occupational origin;

(b) the county where the accident occurred or the occupational disease arose;

(c) a short, plain statement of the petitioner's contentions;

(d) for accidents occurring before July 1, 1987, a statement to the effect that the parties have made an effort to resolve the dispute, but have been unable to do so;

(e) for accidents occurring on or after July 1, 1987, and for occupational disease claims, a statement that the mediation provisions set forth in 39-71-2411, MCA, have been complied with;

(f) a statement that the petitioner has freely exchanged all available pertinent medical records with the respondent pursuant to ARM 24.5.317 and will continue to do so;

(g) a list of petitioner's potential witnesses and a summary of the subject matter of their anticipated testimony;

(h) a list of written documents relating to the claim which may be introduced as evidence by the petitioner;

(i) a request for emergency trial shall be indicated in the title of the petition, and the facts constituting the emergency explained in the petition. (ARM 24.5.311)

(2) Alternative pleading is permissible.

(3) Any claim for attorney fees and/or penalty with respect to the benefits or other relief sought by the petitioner shall be joined and pleaded in the petition. Failure to join and plead a claim for attorney fees and/or penalty with respect to the benefits or other relief sought in the petition shall constitute a waiver and shall bar any future claim with respect to such attorney fees and/or penalty.

(4) Except in cases involving the uninsured employers' fund or involving a request for relief against an employer, the caption of the petition, as well as subsequent pleadings, motions, briefs, and other documents, shall not name the employer. This rule shall not be construed as relieving any employer from its duty to cooperate and assist its insurer, including any duty to assist in responding to discovery.

(5) There is no filing fee. Petitions and all other materials are to be filed with the Clerk of Court at 1625 11th Avenue, P.O. Box 537, Helena, Montana 59624-0537. The party should file an original and three copies of the petition and should indicate the names and addresses of all adverse parties to be served. Failure to comply with (1) and (4) of this rule will result in the document being returned to the petitioner. History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.201; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2003 MAR p.650, Eff. 4/11/03.)

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