Appeals (to Workers' Compensation Court): Timeliness

MONTANA SUPREME COURT DECISIONS

Epperson v. Willis Corron Adminstrative Services Corporation, 281 Mont. 373, 934 P.2d 1034 (1997) Supreme Court affirmed WCC determination that occupational disease claimant's appeal of "order of determination" denying her occupational disease claim was timely, even though not filed within 20 days after "order of determination." While section 39-72-612(1), MCA, requires appeal within 20 days, the 20-day period does not commence to run until expiration of the time for administrative review of the determination, which is ninety days. Claimant's appeal was filed within ninety days of the order and is hence timely.

MONTANA WORKERS' COMPENSATION COURT CASES

UEF v. Keith Grant [4/23/04] 2004 MTWCC 38 Where, within the ninety days provided in section 39-71-520, MCA (1993-2003), an uninsured employer fails to appeal a determination of the Uninsured Employers' Fund finding that a claim is compensable, the uninsured employer is barred from thereafter litigating that issue in an action by the Uninsured Employers' Fund seeking indemnification from the employer.

Marsh vs. State Compensation Insurance Fund [9/13/00] 2000 MTWCC 57 Claimant appealed to the Workers' Compensation Court following denial of his claim for occupational disease benefits by a hearing officer for the Department of Labor. Under section 39-71-612, MCA (1997), appeal dismissed for lack of jurisdiction where not filed within 30 days after the department issued its final determination, even adding three days for mailing. Although the 1999 statutes transferred original jurisdiction over occupational disease claims to the WCC, this claim was properly heard in the Department of Labor where claimant filed his claim before enactment of the 1999 statutes and elected to remain in the DOL contested case process.

Ranger Ins. Co. v. Velleda Bates [12/30/97] 1997 MTWCC 71 A cross-appeal refers to an appeal filed after another party in the case has already appealed. It is, however, simply an appeal that must comply with statutory timeliness requirements. Section 2-4-702, MCA, contains no separate time line for a cross-appeal. Claimant's cross-appeal was not filed within the 30 days allowed by the statute and must be dismissed.

Epperson v. Willis Corron Adminstrative Services Corporation [8/29/96] 1996 MTWCC 59 Occupational disease claimant's appeal of "order of determination" denying her occupational disease claim was timely, even though not filed within 20 days after "order of determination." While section 39-72-612(1), MCA, requires appeal within 20 days, the 20-day period does not commence to run until expiration of the time for administrative review of the determination, which is ninety days under ARM 24.29.215(1). Claimant's appeal was filed within ninety days of the initial order and is hence timely. (Note: WCC affirmed in Epperson v. Willis Corroon Administrative Services Corporation, 281 Mont. 373, 934 P.2d 1034 (1997).)