Section 39-72-402, MCA
MONTANA SUPREME COURT DECISIONS |
| Ingebretson v. Louisiana-Pacific Corp., 272 Mont. 294 (1995) (No. 94-622) Although there is no penalty provision in the Occupational Disease Act, section 39-72-402(1), MCA (1993) of that Act provides that “practice and procedure prescribed in the Workers’ Compensation Act applies to all proceedings under this chapter,” allowing the Workers’ Compensation Court to award penalty in an appropriate occupational disease case on the authority of section 39-71-2907, MCA (1993), the penalty provision of the Workers’ Compensation Act. |
MONTANA WORKERS' COMPENSATION COURT DECISIONS |
Caekaert v. State Compensation Ins. Fund [10/12/95] 1995 MTWCC 78 Though the Occupational Disease Act contains no express provision for award of attorneys fees in the Workers’ Compensation Court, the attorney fee provisions of the Workers’ Compensation Act, sections 39-71-611 and -612, MCA (1987) are applicable to occupational disease cases litigated in the Workers’ Compensation Court through section 39-72-402(1), MCA (1987) and judicial decision. |