24.5.314 ARM ADJUDICATION OF INTERIM BENEFIT CLAIMS UNDER 39-71-610, MCA

 

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Hartford Fire Ins. Co. v. Hostetter [06/25/13] 2013 MTWCC 14 Where Respondent had no objection to Petitioner’s request to resolve an appeal of interim benefits on an informal basis via conference call, the Court agreed to do so pursuant to ARM 24.5.314.

Klinkam v. MACo Workers' Compensation Trust [07/10/12] 2012 MTWCC 25 ARM 24.5.314 provides for appeals in letter form from a determination by the Department of Labor & Industry regarding additional benefits pursuant to § 39-71-610, MCA.  Under the rule, the Court initially addresses such appeals informally through a telephone conference involving all parties, unless one of the parties objects.

Montana Health Network v. Graham [12/5/02] 2002 MTWCC 61 Unless formal hearing is requested the Workers' Compensation Court will resolve requests for interim benefits under section 39-71-610, MCA, benefits on an expedited, informal basis, typically by telephone conference with counsel. ARM 24.5.314.
Liberty Northwest Ins.. v. L. Thompson [8/31/00] 2000 MTWCC 53 In ruling on a request for interim benefits, the Court looks to three factors: (1) whether there is a strong prima facie case on the merits; (2) financial need; and (3) duration of previous benefits. Where there are conflicting medical opinions, one supporting claimant, the first factor is satisfied.