Juridiction: Standing: Claimants


Moreau v. Transportation Ins. Co. [01/06/15] 2015 MT 5 Under the plain language of the statute, the personal representative of claimant’s estate had standing to bring a dispute before the workers’ compensation court over the payment of medical benefits, when the entity that paid the medical benefits refused to accept reimbursement.

Schmill v. Liberty Northwest Ins. Corp. [12/22/09] 2009 MT 430 The claimant had standing to bring an in rem action to enforce the common fund attorney fees lien.   By filing an attorney fees lien against the common fund, the claimant’s attorney initiated the common fund action.  The common fund includes benefits payable from all insurers who previously apportioned occupational disease benefits.  The attorney fees lien attaches to the entire common fund.

Anderson v. Albertson's, Inc. [8/12/04] 2004 MTWCC 59 Since medical benefits are benefits to which a claimant is entitled under the Montana Workers' Compensation Act, a claimant has standing to pursue a claim for those benefits. An insurer's assertion that a claimant lacks standing because it believes a medical provider cannot seek payment from a claimant, even if the insurer denies payment for its services, is unreasonable.