Mediation:Department Jurisdiction

Mediation: Department Jurisdiction

Horizon Custom Homes v. UEF [02/14/07] 2007 MTWCC 8 On its face, § 39-71-520, MCA, precludes mediation unless requested within the 90-day time limit. Since the uninsured employer failed to do so and since mediation is in turn a jurisdictional prerequisite to this Court’s jurisdiction, James v. UEF, 2002 MTWCC 51, ¶ 4, failure to request mediation within 90 days prevents the Workers’ Compensation Court from reviewing a UEF determination.

[2001, 2003] Flynn v. UEF and Casterline [10/21/04] 2004 MTWCC 71 Since section 39-71-520, MCA (2001, 2003), clearly and expressly states that a determination of the Uninsured Employers' Fund is final unless a request for mediation is made within ninety days of the determination, mediators of the Department of Labor and Industry lack jurisdiction to consider a late request. Lacking a timely request for mediation, any mediation which might take place is void and fails to satisfy the mediation requirement which is a prerequisite to commencing any petition in the Workers' Compensation Court. §§ 39-71-2408 and -2905, MCA (2001, 2003). Affirmed Flynn v. UEF, 2005 MT 269