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Schneider v. Bos

Court of Workers Compensation of Montana

April 13, 2000

AUBREY SCHNEIDER Petitioner
v.
Respondent/Insurer for JOEL BOS d/b/a/ BOS TOP DAIRY Employer.

          Date: Submitted: April 6, 2000

          ORDER GRANTING MOTION FOR RECONSIDERATION

          Mike McCarter Judge

         Summary:

         Claimant, who was denied interim benefits (39-71-610) in prior decision (2000 MTWCC 18), sought reconsideration, asking permission to submit additional medical records and an affidavit showing financial hardship.

         Held:

         Motion for reconsideration granted. While the Court intends to handle requests for interim benefits informally and quickly whenever possible, it will not unduly proscribe the presentation of a party's case for or against interim benefits. On the other hand, section 39-71-610 proceedings should not become a hearing on the merits, which would require discovery and considerable delay.

         Topics:

Benefits: Interim (39-71-610) Benefits. While the Court intends to handle requests for interim benefits informally and quickly whenever possible, it will not unduly proscribe the presentation of a party's case for or against interim benefits. On the other hand, section 39-71-610 proceedings should not become a hearing on the merits, which would require discovery and considerable delay.

         ¶1 Claimant has filed a motion requesting the Court to reconsider its April 4, 2000 denial of his request for interim benefits. (Order Regarding 39-71-610 Benefits. 2000 MTWCC 18.) The request is granted, however, no further action will be taken on the original request until additional medical records are submitted and a further telephonic conference held with counsel and claimant.

         Prior Order

         ¶2 In the prior Order, I denied interim benefits because the claimant's failure to continue in a work-conditioning program was not supported by medical documentation submitted by the parties. Having failed to carry through with the recommended treatment, Dr. Ross' finding of maximum medical improvement (MMI) was justified and supported. I therefore determined that claimant had not presented a strong prima facia case for reinstatement of temporary total disability (TTD) benefits and that his request for interim TTD benefits under section 39-71-610, MCA, should be denied.

         Request for Reconsideration

         ¶3 Following my Order, the claimant requested reconsideration based on additional medical records and an affidavit showing financial hardship, which he has now submitted for the Court's consideration. He pointed out that the Court's determination was ...


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