Attorney Fees: Timeliness of Request

MONTANA SUPREME COURT DECISIONS

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Flynn and Miller v. Montana State Fund [07/14/10] 2010 MTWCC 26 Common Fund Insurers’ alleged that Petitioners’ motion to amend was untimely:  1) because the Flynn petition was “fully and finally adjudicated” and therefore could not be amended since ARM 24.5.301(3) requires any penalty or attorney fee claims to be joined and pleaded in the petition; and 2) because Petitioners’ claim for attorney fees and penalties advances a “new theory on unsuspecting opponents.”  The Court concluded that Petitioners’ motion was timely because Flynn has not been fully and finally adjudicated and the insurers cannot claim to be “unsuspecting,” as they are aware of their obligations under the Workers’ Compensation Act.

Montana Schools Group Workers Compensation Risk Retention Program v. Dep't of Labor and Industry Employment Relations Div. [10/04/1995] 1995 MTWCC 48A-2 Renewed request for attorney fees and costs based on private attorney general theory denied where appellant first made the request more than three months following judgment.

Montana Schools Group Workers Compensation Risk Retention Program v. Dep't of Labor and Industry Employment Relations Div. [09/27/95] 1995 MTWCC 48A-1 While the Court retained jurisdiction to following judgment on appeal to resolve disputes that may arise out of the rulemaking process ordered by the Court, jurisdiction was not retained for other purposes. Where neither the notice of appeal nor appellant’s brief requested attorney fees or costs, and where appellant’s motion for fees and costs was filed more than three months after judgment, the motion is not timely and is denied.