Mackey v. Ace American Ins. Co. [12/27/12] 2012 MTWCC 46 Under the Workers’ Compensation Act, an injury and an occupational disease are separate and distinct claims and therefore although Petitioner mediated his injury claim, he must also mediate his occupational disease claim prior to pursuing the latter in this Court in accordance with § 39-71-2406, MCA.

[1997] Marquardt v. Liberty [7/12/01] 2001 MTWCC 39 While parties are required to present all issues during mediation, they are not required to present every item of evidence that they may ultimately use at trial and are not precluded from developing additional evidence subsequent to mediation. § 39-71-2406 (1999-2001).