DECISION ON APPEAL
Employee of Water Quality Bureau, Department of Health and
Environmental Sciences, appealed Department of Labor and
Industry's dismissal of his request for classification as
a regular and not temporary employee of the Bureau.
Where appellant has raised no claim for Workers'
Compensation or Occupational Disease Benefits, the Department
corrected dismissed his request for reclassification. Appeal
Appeals (To Workers' Compensation Court): Issues
Considered. Appeal from order of Department of Labor
and Industry dismissed where appellant raised no issue of
benefits under the Workers' Compensation or Occupational
Disease Acts before the Department, but rather requested
reclassification as a regular and not temporary employee of
state agency, evidently for use in pursuing other claims.
Jurisdiction: Subject Matter Jurisdiction.
Appeal from order of Department of Labor and Industry
dismissed where appellant raised no issue of benefits under
the Workers' Compensation or Occupational Disease Acts
before the Department, but rather requested reclassification
as a regular and not temporary employee of state agency,
evidently for use in pursuing other claims.
an appeal from a decision of the Department of Labor and
Industry (Department) dismissing appellant's Petition for
Declaratory Ruling. Finding no merit to the appeal, the
decision of the Department is affirmed and
this appeal is dismissed.
and Procedural Background
16, 1994, the appellant, Paul Montgomery (Montgomery), filed
a Petition for Declaratory Ruling with the Department.
Montgomery alleges that he "labored at the Water Quality
Bureau (Bureau), Department of Health and Environmental
Sciences from January, 1993 to March, 1994," and that
during that time he was reported as an employee of Express
Services for purposes of workers' compensation insurance.
(See Petition for Declaratory Ruling at ¶ 2, page 1.)
Express Services is apparently a "temporary service
contractor" which furnishes "temporary
employees" to other employers. See § 39-71-116(27)
and (29), MCA. Montgomery's petition requests that the
Department find that he was a regular employee of the Bureau
and not a temporary employee.
petition does not allege that he has any claim under the
Workers' Compensation Act or the Occupational Disease
Act. Paragraph 5 states that he is seeking a ruling
concerning his employment status so he can seek additional
wages and benefits from the Bureau:
5. Petitioner contends that he was a state employee because
his employment situation with the Department of Health and
Environmental Sciences failed to meet the definition of
temporary worker as given in 39-71-116(29), MCA. That this
situation, in turn, leads to the conclusion that he
was not compensated according to the statutes and rules of
state employee compensation. And, because he was
incorrectly compensated for his labor, his Workers'
Compensation was underpaid. [Emphasis added.]
Order Refusing to Assume Jurisdiction, issued March 17, 1995,
the Department declined jurisdiction over the petition. The
Order states that "a check of the Department's
records reveals that no claim for workers' compensation
benefits has been filed under Mr. Montgomery's social
dismissing Montgomery's petition, the Department relied
on Alaska Pacific Assurance Co. v. L.H.C., Inc., 191
Mont. 120, 622 P.2d 224 (1981). In that case the Supreme
Court sanctioned an insurance company for abusing the court
system by presenting issues in the Workers' Compensation
Court which were properly decided by a district court. The