Defenses: Limitations Periods: Occupational Disease
Fleming v. Int'l Paper Co. [09/23/08] 2008 MT 327, 346 Mont. 141, 194 P.3d 77 The WCC erred when it failed to apply the statute of limitation in effect on the claimant’s last day of employment. For almost 75 years, the Montana Supreme Court has held that statutes in effect on the date of the accident or injury control in injury cases. The Supreme Court has applied the same rationale to cases involving occupational disease claims. No exception has been made for statutes of limitation or other procedural statutes and the Supreme Court declines to make an exception now.