[1989] Bare v. Liberty Mutual Fire Ins. Co., 1998 MT 106 Supreme Court affirmed WCC conclusion that WCC lacked jurisdiction to determine claimant's disability status under the 1989 WCA where claimant had failed to exhaust the rehabilitation panel procedures under sections 39-71-1012 through 39-71-1033, MCA (1989). The WCC had determined that the Department of Labor had original jurisdiction to assess return-to-work options for claimant. If the DOL made a final decision, the WCC had appellate jurisdiction on challenge of that decision; it had original jurisdiction only when the DOL determined that none of the statutory return-to-work options were appropriate. In agreeing, the Supreme Court concluded that the statutory rehabilitation panel procedures were "dispute resolution requirements" under section 39-71-2905, MCA (1989), meaning the WCC had jurisdiction over the dispute only after those requirements were satisfied.

[1987] Chapman v. National Union Fire Ins. Co. of Pittsburgh [6/25/96] 1996 MTWCC 44 Substantial evidence supported hearing officer's conclusion claimant could return to work under option (c) of section 39-71-1012, MCA (1987). Although claimant argues hearing officer did not give deference to treating physician's letter, a treating physician's opinion is not conclusive. Where the treating physician's letter contradicted his earlier opinions, which earlier opinions were consistent with other medical opinion and the results of a functional capacity evaluation, the hearing officer's conclusions would not be reversed on appeal.