Benefits: Death Benefits: Dependents

Simons-Tollefson v. State Compensation Insurance Fund [2/16/00] 2000 MTWCC 7 Insurer moved to dismiss petition for benefits filed on behalf of minor child of deceased worker on ground that 39-71-601, MCA (1992) requires written claim "within 12 months...either by the claimant or someone legally authorized to act for him in his behalf." Against the background of case law and other statutes, WCC held no one was legally authorized to act for the minor until a guardian or guardian ad litem had been appointed for the purpose of seeking workers' compensation benefits, even though the minor's mother was authorized to act on his behalf in other contexts. Where a guardian had not yet been appointed, the statute had not yet commenced and the motion to dismiss was denied.