|Kemp v. CIGNA Property & Casualty [4/16/98] 1998 MTWCC 30 Claimant admitted lying under oath. Deceit by a party in court proceeding constitutes contempt of the court's authority. § 3-1-501(d), MCA. Pederson v. Nordahl, 261 Mont. 284, 289, 862 P.2d 411, 415 (1993). While finding claimant in contempt, the Court considers that he has admitted his misconduct. Claimant could have been sentenced to 5 days in jail and a $500 fine. He is ordered to pay a fine of $200 to the WCC in four monthly installments of $50 each.|
Murer, et al. v. State Fund [4/16/98] 1998 MTWCC 29 Because the WCC had failed to order that claimant's counsel could not use computer printouts provided to him by the insurer as a means for contacting potential plaintiffs for a bad faith case, counsel would not be held in contempt for that action, even though it was not contemplated by the parties and counsel acknowledged the listed individuals had rights of privacy. However, WCC was persuaded beyond any reasonable doubt that some statements made to the Court by counsel during the Court's inquiry into the matter were a smokescreen to conceal counsel's real purpose in the challenged conduct. Counsel found in contempt relating to those statements and was fined $500.