Montana Code 39-71-601. Statute of limitation on presentment of claim — waiver
39-71-601. Statute of limitation on presentment of claim — waiver. (1) Except for a claim for benefits for occupational diseases pursuant to subsections (3) and (4), all claims in the case of personal injury or death must be forever barred unless signed by the claimant or the claimant’s representative and presented in writing to the employer, the insurer, or the department within 12 months from the date of the happening of the accident, either by the claimant or someone legally authorized to act on the claimant’s behalf.
Terms Used In Montana Code 39-71-601
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Writing: includes printing. See Montana Code 1-1-203
(2)The insurer may waive the time requirement up to an additional 24 months upon a reasonable showing by the claimant of:
(a)lack of knowledge of disability;
(b)latent injury; or
(c)equitable estoppel.
(3)When a claimant seeks benefits for an occupational disease, the claimant’s claims for benefits must be in writing, signed by the claimant or the claimant’s representative, and presented to the employer, the employer’s insurer, or the department within 1 year from the date that the claimant knew or should have known that the claimant’s condition resulted from an occupational disease. When a beneficiary seeks benefits under this chapter, claims for death benefits must be presented in writing to the employer, the employer’s insurer, or the department within 1 year from the date that the beneficiary knew or should have known that the decedent‘s death was related to an occupational disease.
(4)Any dispute regarding the statute of limitations for filing time is considered a dispute that, after mediation pursuant to department rules, is subject to jurisdiction of the workers’ compensation court.