ARM 24.5.311 EMERGENCY TRIALS

Lyons v. Montana State Fund [04/26/06] 2006 MTWCC 17 Where Petitioner asserts he is “permanently disabled, unable to pay his medical bills and unable to do his job of injury,” but offers no details or support for this allegation, Petitioner’s pleading is insufficient to demonstrate good cause for an emergency setting.
Travelers Insurance Co. v. Ulrich-Goodwin [04/27/06] 2006 MTWCC 18 Good cause for an emergency setting has not been demonstrated where Petitioner seeks a declaratory ruling ordering Respondent to travel from Kalispell to Bozeman for an IME without alleging sufficient detail in its petition from which the Court might find that an examination in Bozeman is as close to Respondent’s residence as practical, as required by § 39-71-605(1)(b), MCA.
Peterson v. Montana Schools Group Ins. Authority [06/02/05] 2005 MTWCC 30 Rule 24.5.311 of the Rules of the Workers’ Compensation Court requires a petitioner seeking an emergency trial setting to set forth in the petition sufficient facts showing that an emergency setting is necessary. Where the petition sets out no facts with respect to the request, the request will be denied.