Jurisdiction: District Court
Jensen v. Uninsured Employers' Fund [08/18/11] 2011 MTWCC 24 An employee cannot bring an action for benefits directly against an uninsured employer in the Workers’ Compensation Court, but must bring his action in District Court pursuant to §§ 39-71-515 and -516, MCA. Therefore Petitioner’s first-party petition against his employer is dismissed for lack of jurisdiction by this Court. |
| Raymond v. Uninsured Employers' Fund [09/19/08] 2008 MTWCC 45 Although ARM 24.5.307A purports to give a claimant the right to name an uninsured employer as a party to an action, an employee cannot bring an action for benefits directly against an uninsured employer in this Court. Such an action can only brought in District Court pursuant to §§ 39-71-515, -516, MCA. |