Claims: Notice to Employer or Insurer: Generally
Siebken
v. Liberty [11/27/07] 2007 MTWCC 48 The purpose of the
notice requirement is to enable the employer to protect itself by prompt
investigation of the claimed accident and prompt treatment of the injury
with a view toward minimizing its effects by proper medical care. Bender
v. Roundup Mining Co., 138 Mont. 306, 313, 356 P.2d 469, 473 (1960).
In the present case, Petitioner reported a work-related altercation
to his employer within 30 days and did not know at the time that he
suffered an injury. However, Petitioner waited more than 30 days after
he learned he was injured to file a claim for compensation. This claim
for compensation does not fulfill the notice requirement of this statute. |
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Alsbury
v. State Fund [2/9/01] 2001 MTWCC 8 Failure to give notice
of industrial accident to employer or employer's supervisor, as required
by section 39-71-603, MCA, bars workers' compensation claim. |
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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 give notice to his employer within 60 days of the incident. Section 39-71-603, MCA requires a claimant only to disclose what he knows, it does not require the impossible. Because he was unaware of his condition or that it arose during the work incident, he properly gave notice within 60 days of his diagnosis. |
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LaPlante
v. Town Pump, Incorporated [1/26/99] 1999 MTWCC 8 WCC credited
Town Pump supervisors who testified claimant, a merchandise stocker,
did not report a work injury to them and that they had no knowledge
of the alleged injury until well past the 30 day reporting period under
section 39-71-603, MCA (1989). The Court did not credit a co-employee
who claimed she had been a supervisor and was told of the accident.
The credible evidence indicated the co-employee may have had lead cashier
duties, but had no supervisory responsibility for claimant, who was
a merchandise stocker. Notice to a co-employee is insufficient; notice
must be given to the employer or the employer's managing agent or supervisor
in charge of the employee's work, or one of them must have knowledge
of the accident. |
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Ronemus
v. Business Ins. Co. [7/28/98] 1998 MTWCC 59 WCC found claimant
did in fact tell his supervisor about shoulder injury within 30 days.
Although the matter arose in the context of discussing some weekend
volunteer work claimant might do, and both claimant and the supervisor
did not consider the injury serious, it was nonetheless reported. Notice
as to the time and place of the injury was inherent in claimant's statement
to the supervisor. Because claimant was working at one construction
project, there could be no misunderstanding as to the place of injury.
From the context of the conversation, and the lack of claimant's prior
complaints of injury or pain, the conversation also provided a plain
indication that claimant was indicated that day. There is no requirement
in the statute that claimant provide an exact minute or hour of his
injury. |
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Good
v. State Fund [7/16/97] 1997 MTWCC 44
Lead welder's claim for back injury denied where WCC found he did not
report the injury within 30 days. Employer had clear practice regarding
reporting of injuries which claimant had previously followed. Employees
to whom claimant should have reported injury credibly testified they
did not receive notice. While claimant's wife testified she told employer's
secretary claimant hurt his back at work, the secretary credibly denied
receiving that information. Moreover, this is not a case in which a
co-employee may be deemed an employer's supervisor or agent under a
doctrine of ostensible authority. Ostensible agency is established "when
the principal intentionally or by want of ordinary care causes a third
person to believe another to be an agent." Larsen
v. Barry Smith Logging, Inc.,
267 Mont. 444, 447, 884 P.2d 786, 788 (1994). Here, claimant acknowledged
that the secretary was not one of the people to whom he could report
an injury. |
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Smith
v. National Union Fire Ins. Co. [10/15/96] 1996 MTWCC 65
A claimant's failure to provide
30 days notice to an employer is a defense to liability. Haag
v. Montana Schools Group Ins. Authority,
274 Mont. 109, 906 P.2d 693 (1995) precludes the insurer from raising
any defense, including this one, if the claim was not accepted or denied
within 30 days as required by section 390-71-606(1), MCA (1991).
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