Claims: Notice to Employer: Latent Injury

Tinker v. Montana State Fund [07/07/08] 2008 MTWCC 33 Where Petitioner admitted he always related his hip and knee pain back to his June 2005 industrial accident, while he may not have been aware of the severity of the injury, it was not “hidden or invisible” and therefore does not toll the one-year time limitation under the latent injury exception of § 39-71-601(2)(b), MCA.

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.

Alsbury v. State Fund [2/9/01] 2001 MTWCC 8 Latent injury doctrine is inapplicable where at the time of the industrial accident the claimant is aware he had injured himself and reported the injury to a co-employee.