Montana Code 39-71-520. Time limit to appeal to mediation — petitioning workers’ compensation court — failure to settle or petition
39-71-520. Time limit to appeal to mediation — petitioning workers’ compensation court — failure to settle or petition. (1) A dispute concerning uninsured employers’ fund benefits must be appealed to mediation within 90 days from the date of the determination by the department or the determination is considered final.
Terms Used In Montana Code 39-71-520
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) If the parties fail to reach a settlement through the mediation process, any party who disagrees with the department’s determination may file a petition before the workers’ compensation court.
(b)A party’s petition must be filed within 60 days of the mailing of the mediator’s report provided for in 39-71-2411 unless the parties stipulate in writing to a longer time period for filing the petition.
(c)If a settlement is not reached through mediation and a petition is not filed within 60 days of the mailing of the mediator’s report, the determination by the department is final.
(d)A mediator’s report is not a determination by the department for the purposes of this section. A determination by the department is final if an appeal to mediation described in subsection (1) or a petition described in subsection (2)(a) is not filed within the required time period.