Uninsured Employers' Fund: Procedure

MONTANA SUPREME COURT DECISIONS

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Hopkins v. Uninsured Employers' Fund [03/20/09] 2009 MTWCC 12 Although the UEF asserted that its third-party petition put the uninsured employer on notice of Petitioner’s claim for benefits and the employer’s obligation to indemnify the UEF, and further asserted that the employer was given “an opportunity to participate in the mediation,” neither of these actions fulfill the due process requirements of §§ 39-71-506, -2401(2)-(3), MCA, and therefore the third-party petition is dismissed.

Raymond v. Uninsured Employers' Fund [09/19/08] 2008 MTWCC 45 Section 39-71-506, MCA, sets forth the procedure by which the UEF would assert a claim for reimbursement against an uninsured employer. This statute mandates that the due process requirements of § 39-71-2401(2)-(3), MCA, must first be met. Section 39-71-2401(2), MCA, requires the dispute to be brought before the Department of Labor and Industry, and § 39-71-2401(3), MCA, provides that an appeal from the departmental decision may be made to this Court.