Morse v. Liberty Northwest Ins. Corp. [07/10/12] 2012 MTWCC 24 The Court rejected Respondent’s argument that it should be held harmless for the employer’s mistake in misplacing Petitioner’s injury report after the employer had agreed to accept such reports on Respondent’s behalf.  When Petitioner reported his industrial accident to his employer and the employer accepted the report, the employer acted on behalf of Respondent and Petitioner therefore satisfied his reporting obligations.

Morse v. Liberty Northwest Ins. Corp. [05/03/12] 2012 MTWCC 16 Where Petitioner’s employer accepted the responsibility for injury reporting and claims filing, it acted as Respondent’s agent.  The employer’s conduct lulled Petitioner into a false sense of security; its conduct is imputed to Respondent.

Cissell v. Employers Compensation Ins. Co. [04/18/12] 2012 MTWCC 12 There is an agency relationship between the insurer and the TPA, and any rights and liabilities within the authority of the TPA accrue to the insurer as the principal, including those John Does named by Petitioner who worked on her claim.  Since the insurer is already properly named as a respondent, there is no reason to name such entities or persons as parties in addition to the insurer.  Petitioner shall file an amended petition to reflect the insurer as the only respondent.