Common Fund: Jurisdiction

Common Fund: Jurisdiction

Reesor v. Montana State Fund [07/20/05] 2005 MTWCC 40 If the petitioner’s attorney is not entitled to common fund fees because no common fund exists or application of the common fund doctrine would be unconstitutional, the Court has no further jurisdiction to order payment of benefits to claimants not involved in the main litigation or to order payment of common fund attorney fees. Thus, all legal rulings regarding absolute defenses to a claim of a common fund must be applied to all insurers and self-insurers whether or not they raised the legal defenses which are successful.

Rausch v. Montana State Fund & Ruhd v. Liberty [02/22/05] 2005 MTWCC 9 Where a common fund has been established, the Workers’ Compensation Court has jurisdiction and authority to join insurers to enforce payment of benefits to benefitted claimants and also enforce the common fund attorney fee lien.