Claims: Filing
Siebken
v. Liberty [11/27/07] 2007 MTWCC 48 Under the latent injury
doctrine, the notice requirement does not apply until the claimant is
aware that he has suffered an injury or may be entitled to compensation.
In this case, Petitioner waited more than the thirty days allowed under
§ 39-71-603, MCA, after he learned of his injury until he informed
his employer. Therefore, his claim is time-barred. |
Baxter v. UEF [9/20/00] 2000 MTWCC 65 Accident Information Sheet completed by injured worker when seeking medical care immediately following injury and forwarded to employer contained adequate information under section 39-71-601, MCA (1995) and its submission to employer satisfied statutory requirement that within one year claim be "presented in writing to the employer, the insurer, or the department, as the case may be." Court refuses to read into statute any requirement that employee present claim to department rather than employer in cases where employer is not insured. |
Corcoran
v. Montana Schools Group Insurance Authority [5/23/00] 2000 MTWCC 30
Under 39-72-403, MCA (1995), which requires a written claim within
one year from the date "the claimant knew or should have known
that the claimant's condition resulted from an occupational disease,"
awareness of pain, and awareness that the pain is a result of work,
does not constitute knowledge that one suffers from an "occupational
disease," as defined in 39-72-102(10), MCA (1995-1999). The key
words in the section are "harm" and "damage," meaning
something more significant than suffering pain after a hard days' work.
The limitations period commences when the worker has some specific knowledge
of a specific pathological condition stemming from employment and requiring
diagnosis or treatment. |
McGuin
v. State Compensation Insurance Fund [12/16/99] 1999 MTWCC 82
Claimant who did not realize until years later that incident occurring
during 1986 diving training resulted in serious ear problems was not
barred by his failure to file a claim within one year of the incident.
Because he was unaware of his condition or that it arose during the
work incident, he filed a timely claim within one year of the diagnosis
of his condition. |
Guedesse
v. Liberty Mutual Fire Insurance Company [3/12/97] 1997 MTWCC 10
Where the claim form signed
by claimant did not state any specific event or any specific time or
place for an alleged injury, it fails to identify an industrial accident
or injury within the meaning of the Workers' Compensation Act. The "automatic
acceptance" rule of Haag v. Montana
Schools Group Ins. Authority,
274 Mont. 109, 906 P.2d 693 (1995) comes into play only if the insurer
has received a valid claim for injury, containing sufficient information
to inform the employer and insurer of the nature and basis of the claim.
As the insurer argues, the claim submitted in this case, at best, suggests
claimant is suffering from an occupational disease, and the insurer
accepted the claim as such. |
Partin
v. State Fund [3/14/97] 1997 MTWCC 11 WCC reversed conclusion
of DOL hearing officer that reversed Department's order waiving one-year
filing requirement on basis of equitable estoppel. Hearing officer erred
in finding that, even if claimant's testimony were credited, he had
not established elements justifying equitable estoppel of assertion
of statute of limitations. If claimant's testimony is credited, he has
established the requirements of equitable estoppel based on the employer's
alleged representations to him concerning use of health insurance and
payment of additional expenses by the employer. |
Partin
v. State Fund [3/14/97] 1997 MTWCC 11 WCC reversed conclusion
of DOL hearing officer that Association of Service Contractors (AOSC)
accident report allegedly filed by claimant did not satisfy the written
claim requirement of section 39-71-601, MCA (1991). Contention that
an official workers' compensation claim form must be filed was rejected
in Weigand v. Anderson-Meyer
Drilling Co., 232 Mont.
390, 393, 758 P.2d 260, 261-262 (1988), where the Supreme Court
held the written claim must only contain sufficient information to inform
the employer or insurer of the nature and basis of the possible claim
and to enable it to investigate the claim and, if necessary, to prepare
a defense. |
Partin
v. State Fund [3/14/97] 1997 MTWCC 11 The question whether claimant
in fact provided a written report to the employer satisfying the one-year
limitations period of section 39-71-601(1), MCA (1991) is for the Workers'
Compensation Court, not the Department of Labor and Industry, because
this question does not involve waiver of the one-year limitations period,
but concerns whether a claim was timely filed. |
McNeese v. State Compensation Ins. Fund [05/05/95] 1995 MTWCC 33 Failure of employer to file a workers’ compensation claim for claimant is not grounds to extent the one-year claim filing requirement of section 39-71-603, MCA (1989). As stated in Grenz v. Fire & Casualty of Connecticut, 260 Mont. 60, 65 (1993), the “employer has no duty to pursue the employee’s claim for him.” |