Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lanz v. Liberty Northwest Insurance Corp.

Court of Workers Compensation of Montana

April 12, 2005

KAREN LANZ Petitioner
v.
LIBERTY NORTHWEST INSURANCE CORPORATION Respondent/Insurerand BOZEMAN DEACONESS HEALTH SERVICES Employer.

          Submitted: March 17, 2005

          ORDER DENYING MOTION TO DISMISS

          Mike McCarter, Judge.

         Summary: Employer moves to dismiss as untimely the claimant's petition seeking relief on account of the employer's alleged failure to provide the claimant with an employment preference as required by section 39-71-317(2), MCA (1999).

         Held: The statutes of limitation cited by the employer, §§ 39-71-601, 39-72-403, and 39-71-318, MCA (1999), are inapplicable to a dispute involving the employment preference. Having cited no other applicable statute of limitation, the motion to dismiss is denied.

         Topics:

Pretrial Procedure: Motion to Dismiss. A statute of limitations defense may be raised by motion to dismiss where it appears from the face of the petition that the claim is time-barred.
Limitation Periods: Employment Preference. Sections 39-71-601 and 39-72-403, MCA (1999), which provide time limitations for the filing of workers' compensation and occupational disease claims, respectively, apply only to claims for workers' compensation and occupational disease benefits and not to disputes involving the employment preference provided in section 39-71-317(2), MCA.
Limitation Periods: Employment Preference. The limitations period in section 39-71-318, MCA (1999), applies only to proceedings over which the Department of Labor and Industry has original jurisdiction, not to proceedings over which the Workers' Compensation Court has jurisdiction, and has no application to an employment preference under section 39-71-317, MCA (1999), since disputes involving the preference must be brought in the Workers' Compensation Court, § 39-71-317(3), MCA (1999).
Constitutions, Statutes, Rules, and Regulations: Montana Code Annotated: 39-71-601, MCA (1999). Section 39-71-601, MCA (1999), which provides time limitations for the filing of workers' compensation claims, applies only to claims for workers' compensation benefits and not to disputes involving the employment preference provided in section 39-71-317(2), MCA (1999).
Constitutions, Statutes, Rules, and Regulations: Montana Code Annotated: 39-71-601, MCA (1999). Section 39-71-403, MCA (1999), which provides time limitations for the filing of occupational disease claims, applies only to claims for occupational disease benefits and not to disputes involving the employment preference provided in section 39-71-317(2), MCA (1999).
Constitutions, Statutes, Rules, and Regulations: Montana Code Annotated: 39-71-318, MCA (1999). The limitations period in section 39-71-318, MCA (1999), applies only to proceedings over which the Department of Labor and Industry has original jurisdiction, not to proceedings over which the Workers' Compensation Court has jurisdiction, and has no application to an employment preference under section 39-71-317, MCA (1999), since disputes involving the preference must be brought in the Workers' Compensation Court, § 39-71-317(3), MCA (1999).
Constitutions, Statutes, Rules, and Regulations: Montana Code Annotated: 39-71-317, MCA (1999). Sections 39-71-601 and 39-72-403, MCA (1999), which provide time limitations for the filing of workers' compensation and occupational disease claims, respectively, apply only to claims for workers' compensation and occupational disease benefits and not to disputes involving the employment preference provided in section 39-71-317(2), MCA (1999).
Constitutions, Statutes, Rules, and Regulations: Montana Code Annotated: 39-71-317, MCA (1999). The limitations period in section 39-71-318, MCA (1999), applies only to proceedings over which the Department of Labor and Industry has original jurisdiction, not to proceedings over which the Workers' Compensation Court has jurisdiction, and has no application to an employment preference under section 39-71-317, MCA (1999), since disputes involving the preference must be brought in the Workers' Compensation Court, § 39-71-317(3), MCA (1999).

         ¶1 The matter before the Court is employer Bozeman Deaconess Health Services' (Bozeman Deaconess) motion to dismiss. Bozeman Deaconess has also filed a separate motion for judgment on the pleadings, however, that motion ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.