Limitation Periods: Employment Preference
Lanz v. Liberty Northwest Ins. Corp. [08/03/05]
2005 MTWCC 44 The
two-year limitations period for actions based on liability created
by statute, § 27-2-211(1)(c), MCA (1999),
applies to actions under the employment preference provision of the Workers’ Compensation
Act, § 39-71-317, MCA (1999). |
Lanz
v. Liberty Northwest Ins. Corp [04/12/05] 2005 MTWCC 18 The
limitations period in section 39-71-318, MCA (1999), applies only to
proceedings over which the Department of Labor and Industry has original
jurisdiction, not to proceedings over which the Workers’ Compensation Court has
jurisdiction, and has no application to an employment preference under
section 39-71-317, MCA (1999), since disputes involving the preference
must be brought in the Workers’ Compensation Court, § 39-71-317(3),
MCA (1999). |
| Lanz
v. Liberty Northwest Ins. Corp [04/12/05] 2005 MTWCC 18 Sections
39-71-601 and 39-72-403, MCA (1999), which provide time limitations
for the filing of workers’ compensation and occupational
disease claims, respectively, apply only to claims for workers’ compensation
and occupational disease benefits and not to disputes involving
the employment preference provided in section 39-71-317(2), MCA. |