Jurisdiction: Workers' Compensation Court: Mediation Requirement

Baker v. Transportation Ins. Co. [02/01/07] 2007 MTWCC 6 Before 1987, no mandatory mediation provision existed under either the Workers’ Compensation Act or the Occupational Disease Act. Therefore, Petitioner was not required to attempt to mediate any dispute prior to petitioning the Court.

Fleming v. International Paper [07/08/05] 2005 MTWCC 34 While mediation is required before a claimant may petition the Workers’ Compensation Court for benefits, where a claimant has requested mediation and mediation is derailed through no fault of the claimant, the Court has jurisdiction to entertain a petition for benefits and order the Department of Labor and Industry to complete mediation so that the claimant may proceed with his petition.