[Equity] Estoppel and Waiver: Estoppel by Silence
Auchenbach
v. UEF [03/29/06] 2006 MTWCC 13 The Court found the elements
of estoppel by silence satisfied where the UEF had a statutory duty
to notify the mediation unit of its acceptance or rejection of a mediation
recommendation within twenty-five days under § 39-71-520(2), MCA,
failed to notify the mediation unit of its acceptance or rejection,
let the sixty-day statute of limitation for filing a petition with the
Court under § 39-71-2411(6), MCA, run on a pro sé
claimant, and moved to dismiss based on the claimant’s failure
to file her claim within sixty days of the mailing of the mediator’s
recommendation. |
MP
Livestock Trust/Perry Polzing Trucking [02/04/05] 2005 MTWCC 6
Where the Department of Labor and Industry has knowledge that a professional
employer organization (PEO) is no longer insured as required by section
39-8-207(4)(c), MCA (1999-2001), it has a duty to promptly suspend the
PEO’s license and notify the Montana business using employees
furnished by the PEO of the lapse of insurance. Its failure to do so
estops it from seeking a penalty against the Montana business under
section 39-71-504(1), MCA (1999-2001), where the Montana employer was
without notice or knowledge of the lapse of insurance and relied to
its detriment on such lack of knowledge by continuing to reimburse the
PEO for workers’ compensation premiums and failing to secure its
own workers’ compensation insurance coverage. |
| MP Livestock Trust/Perry Polzing Trucking [02/04/05] 2005 MTWCC 6 Estoppel by silence applies where the party to be estopped had a duty to speak but failed to do so with either the intent to deceive or a willingness that another would be deceived and where the party seeking to impose the estoppel did not have access to accurate information and was misled to its detriment by the silence. |