Montana § 3-9-111 Petition To Workers' Compensation Judge -- Time Limit On Filing

Montana Statutes

§ 3-9-111 — Petition To Workers' Compensation Judge -- Time Limit On Filing

Montana·Title 3 JUDICIARY, COURTS·Ch. 9 WORKERS' COMPENSATION COURT·Part 1 Workers' Compensation Judge

3-9-111 . Petition to workers' compensation judge -- time limit on filing.

(1)If a claimant, an insurer, an employer alleged to be an uninsured employer, or the uninsured employers' fund has a dispute concerning any benefits under Title 39, chapter 71, it may petition the workers' compensation judge for a determination of the dispute after satisfying dispute resolution requirements otherwise provided in Title 39, chapter 71. In addition, the district court that has jurisdiction over a pending action under 39-71-515 may request the workers' compensation judge to determine the amount of recoverable damages due to the employee. The judge, after a hearing, shall make a determination of the dispute in accordance with the law as set forth in Title 39, chapter 71. If the dispute relates to benef

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3-9-111 . Petition to workers' compensation judge -- time limit on filing. (1) If a claimant, an insurer, an employer alleged to be an uninsured employer, or the uninsured employers' fund has a dispute concerning any benefits under Title 39, chapter 71, it may petition the workers' compensation judge for a determination of the dispute after satisfying dispute resolution requirements otherwise provided in Title 39, chapter 71. In addition, the district court that has jurisdiction over a pending action under 39-71-515 may request the workers' compensation judge to determine the amount of recoverable damages due to the employee. The judge, after a hearing, shall make a determination of the dispute in accordance with the law as set forth in Title 39, chapter 71. If the dispute relates to benefits due to a claimant under Title 39, chapter 71, the judge shall fix and determine any benefits to be paid and specify the manner of payment. After parties have satisfied dispute resolution requirements provided elsewhere in Title 39, chapter 71, the workers' compensation judge has exclusive jurisdiction to make determinations concerning disputes under Title 39, chapter 71, except as provided in 39-71-317 and 39-71-516 . The penalties and assessments allowed against an insurer under Title 39, chapter 71, are the exclusive penalties and assessments that can be assessed by the workers' compensation judge against an insurer for disputes arising under Title 39, chapter 71.
(2) A petition for a hearing before the workers' compensation judge must be filed within 2 years after benefits are denied.
(3) A claimant, an insurer, or the uninsured employers' fund may petition the workers' compensation judge for the appointment of a benefits administrator. A party is not required to satisfy the dispute resolution requirements provided in this chapter prior to petitioning for a benefits administrator. The workers' compensation judge has jurisdiction to appoint and terminate appointment of a benefits administrator.

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Legislative History

En. 92-848 by Sec. 2, Ch. 537, L. 1975; R.C.M. 1947, 92-848(1); amd. Sec. 4, Ch. 63, L. 1979; amd. Sec. 11, Ch. 601, L. 1985; amd. Sec. 60, Ch. 464, L. 1987; amd. Sec. 21, Ch. 516, L. 1995; amd. Sec. 29, Ch. 276, L. 1997; amd. Sec. 24, Ch. 112, L. 2009; Sec. 39-71-2905, MCA 2023; redes. 3-9-111 by Sec. 8, Ch. 688, L. 2025; amd. Sec. 2, Ch. 140, L. 2025.