39-71-2909, MCA

Montana State Fund v. Simms [01/09/08] 2008 MTWCC 3 In situations alleging fraud or deception, this Court need no longer look to Mont. R. Civ. P. 60(b) because § 39-71-2909, MCA, as amended in 1995, now covers situations in which fraud or deception is alleged. Therefore under § 39-71-2909, MCA, this Court has the jurisdiction to consider a petition for declaratory ruling which alleges a claimant fraudulently obtained benefits.

[1997] Washington v. State Fund [2/12/99] 1999 MTWCC 17 While section 39-71-2909, MCA (1997) gives the WCC authority to review and change benefits previously awarded by the WCC, the WCC does not have jurisdiction to set aside a subrogation order entered by the Division of Workers' Compensation in 1977, although section 39-71-204, MCA (1997) gives the Department of Labor and Industry continuing jurisdiction to do so.