39-72-611, MCA

Gomez v. MMIA [01/27/95] 1995 MTWCC 6 Where the insurer has accepted liability, but disputes arise as to amount and nature of benefits, the procedures of sections 39-72-602 and -611, MCA (1991), leading to a Department of Labor and Industry order and hearing, are not applicable. In those situations, sections 39-71-2401 and -2411, provide the Workers’ Compensation Court with original jurisdiction over disputes over benefits under the Occupational Disease Act following mediation. However, because the 1991 version of section 39-72-405, MCA authorized “the department” to allow compensation of up to $10,000 under that statute, and Carmichael v. Workers’ Compensation Court, 234 Mont. 410 (1988) does not allow this Court to apply new statutory provisions to claimant’s request under section 405, that dispute must first be heard in the Department of Labor.