39-71-415, MCA

Emergency Preparedness Systems, LLC v. Scobie [09/03/08] 2008 MTWCC 44 Where Petitioner’s letter unambiguously identified itself as an appeal of both the Independent Contractor Centra Unit’s determination and the Wage and Hour Unit’s determination, and which went on for five pages to detail the manner in which Respondent disagreed with both determinations, the Court concludes that the letter satisfies the requirements for requesting mediation pursuant to § 39-71-415, MCA.

[2001-2003] TYAD, Inc. v. ICCU [04/08/05] 2005 MTWCC 16 Under a 2001 amendment to the Workers’ Compensation Act, the Workers’ Compensation Court has jurisdiction over independent contractor disputes involving not only workers’ compensation and unemployment insurance issues but also those involving wage claims.
[1999] Mortensen v. ICCU [7/12/01] 2001 MTWCC 38 Under 1999 legislation the Workers' Compensation Court has jurisdiction over employment status disputes arising under unemployment insurance laws. Jurisdiction is de novo. 39-51-1109, 39-71-415.

[1993] Daenzer v. State Fund [7/16/96] 1996 MTWCC 53 Uninsured employer filed petition asking WCC to find his employee was not injured in the course and scope of employment. Insurer had accepted claim under section 39-71-405, MCA (1993), based on policy of company contracting with employer. WCC rejected insurer's motion to dismiss, which argued section 39-71-415, MCA (1993) required matter to be adjudicated by DOL. While issues over independent contractor status are within the original jurisdiction of the DOL under the statute, the petitioner concedes he was claimant's employer. Under State ex re. Uninsured Employer's Fund v. Hunt, 191 Mont. 514, 625 P.2d 539 (1981), holding the WCC has jurisdiction to consider an employer's petition contesting a claim for compensation, the present petition is properly before the WCC and the motion to dismiss is denied.