Administrative Agencies: Jurisdiction


MacGillivray v. Montana State Fund [10/04/16] 2016 MTWCC 13 Where § 39-71-605(2), MCA, allows an insurer to seek an order compelling attendance at an IME from either the Workers' Compensation Court or DLI, and DLI fully exercised its jurisdiction over Petitioner's attendance at a scheduled IME before Petitioner invoked the jurisdiction of this Court by filing her Petition for Hearing, DLI's jurisdiction is not divested.

New Hampshire Ins. Co. v. Matejovsky [08/07/15] 2015 MTWCC 15 Where an insurer argued that it only “suspended” a claimant’s TTD benefits for “unreasonably” refusing to attend an IME exam unless she was allowed to videotape it, which the doctor refused, DLI had jurisdiction to order interim benefits since the use of the word “terminates” in § 39-71-710, MCA, means to “stop paying benefits,” which the insurer did.

Dean v. Montana Power Company [4/11/00] 2000 MTWCC 21 Where statute in effect at time of work injury has been repealed or amended, the statute still applies to substantive rights (here, the right to medical benefits for 36 months and to extended benefits for good cause), but current procedures for dispute resolution apply. Thus, WCC had jurisdiction to resolve dispute over extension of medical benefits under section 92-706.1, RCM (1947) where no current statute continues said jurisdiction in Division, which no longer exists, or places such jurisdiction in Department of Labor.