39-71-2911, MCA
[2001]
Loveridge
v. Montana State Fund [7/23/04] 2004 MTWCC 57 Where
the claimant seeks benefits in a case in which he is being prosecuted
for criminal fraud, and the criminal charges involve issues which affect
his entitlement to benefits in the Workers' Compensation Court case, a
stay of the workers' compensation case pending resolution of the criminal
case is appropriate. |
| [1993] Hodges v. State Fund [01/17/01] 2001 MTWCC 1 A stay of a petition for benefits under section 39-71-2911, MCA, while criminal charges for workers' compensation fraud are prosecuted does not preclude an insurer from raising fraud as a defense where claimant is acquitted of the criminal charge. |
Schilling v. State Compensation Ins. Fund [07/26/95] 1995 MTWCC 57 Although the 1995 legislature enacted a specific provision authorizing this Court to stay workers’ compensation proceedings while a criminal action alleging fraud is pending, whether or not that provision has yet taken effect is immaterial, as the Workers’ Compensation Court has inherent authority to set the time for trial. Where the criminal case was commenced many months prior to claimant’s petition for hearing, and the criminal trial is set to commence shortly after trial date on this petition, and resolution of the criminal case is likely to impact the workers’ compensation proceeding, stay of the WCC trial is appropriate. |