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.

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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.