39-71-2905. Renumbered 3-9-111. Sec. 8, Ch. 688, L. 2025.
Montana Code Annotated
Mont. Code Ann. § 39-71-2905 (2026)
Renumbered 3-9-111
✓ current as of May 2026
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TITLE 39. LABOR
CHAPTER 71. WORKERS' COMPENSATION
Part 29. Workers' Compensation Judge(Renumbered and Repealed)
Renumbered 3-9-111
Notes of Decisions
Cited in 51
cases (1 in the last 5 years), 1980–2023 · leading case: Pinnow v. Montana State Fund, 2007 MT 332 (Mont. 2007).
Pinnow v. Montana State Fund, 2007 MT 332 (Mont. 2007). “We held that “payment of attorney’s fees and related costs,” therefore, falls within the jurisdictional grant contained in § 39-71-2905, MCA. See Kelleher, 213 Mont.”
Thompson v. State, 2007 MT 185 (Mont. 2007). “[4] ¶ 25 The pertinent statutes here are §§ 2-4-501 and 39-71-2905(1), MCA. The latter provides that the WCC has jurisdiction over "dispute[s] concerning any benefits under [the Workers' Compensation Act, Title 39, Chapter 71, MCA].”
Billings Deaconess Hosp., Inc. v. Angel, 712 P.2d 1323 (Mont. 1986). “Angel challenge the constitutionality of Section 39-71-2905, MCA, for the first time on appeal? Billings Deaconess Hospital brought an action against Mrs.”
Carlson v. Cain, 700 P.2d 607 (Mont. 1985). “Under section 39-71-2905, MCA, the Workers’ Compensation Court has jurisdiction to award and should have awarded a dollar amount for domiciliary care as a medical expense.”
Martelli v. Anaconda-Deer Lodge Cnty., 852 P.2d 579 (Mont. 1993). “See § 39-71-2905, MCA (1987) (giving the workers' compensation judge exclusive jurisdiction over claims for benefits).”
Yearout v. Rainbow Painting, 719 P.2d 1258 (Mont. 1986). “When a claim has been unreasonably delayed or refused by the insurer, either prior to or subsequent to the issuance of an order by the Workers' Compensation Judge, the claimant is entitled to a penalty of 20 percent of the benefits under § 39-71-2907, MCA.”
State Ex Rel. Uninsured Employers' Fund v. Hunt, 625 P.2d 539 (Mont. 1981). “The matter pending before the Workers’ Compensation Court is not a “dispute” under section 39-71-2905, MCA, and that such dispute could only be with respect to benefits payable.”
Wiard v. Liberty Nw. Ins. Corp., 2003 MT 295 (Mont. 2003). “, and trial before the Workers' Compensation Court, pursuant to § 39-71-2905, MCA (1991). Therefore, we hold that the Workers' Compensation Court correctly concluded, under the arguments here proffered, that Wiard's right to due process was not denied.”
Ingraham v. Champion Int'l, 793 P.2d 769 (Mont. 1990). “Section 39-71-2905, MCA. V. Subsection (3) of § 39-71-741, MCA, also concerns itself with permanent partial wage supplement benefits.”
Weidow v. Uninsured Employers' Fund, 2010 MT 292 (Mont. 2010). “Therefore, I would conclude that the general statute of limitations for worker's compensation claims, § 39-71-2905(2), MCA, should apply and that Weidow's claim was timely filed thereunder.”
Chagnon v. Tilleman Ins. Co., 855 P.2d 1002 (Mont. 1993). “Chagnon cannot receive the best of both worlds; if he seeks workers' compensation benefits, Workers' Compensation Act definitions apply; if he seeks occupational disease benefits, Occupational Disease Act definitions apply. Chagnon has maintained consistently that he suffered an…”
Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995). “On that basis, he argues that the plain language of § 39-71-2907, MCA, does not limit the award of a penalty to workers’ compensation disputes, but encompasses and authorizes the award of a penalty in disputes arising under chapter 72.”
— Mont. Code Ann. § 39-71-2905(1) — 6 cases
Pinnow v. Montana State Fund, 2007 MT 332 (Mont. 2007). “We held that “payment of attorney’s fees and related costs,” therefore, falls within the jurisdictional grant contained in § 39-71-2905, MCA. See Kelleher, 213 Mont.”
Thompson v. State, 2007 MT 185 (Mont. 2007). “[4] ¶ 25 The pertinent statutes here are §§ 2-4-501 and 39-71-2905(1), MCA. The latter provides that the WCC has jurisdiction over "dispute[s] concerning any benefits under [the Workers' Compensation Act, Title 39, Chapter 71, MCA].”
Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004).
In Re Workers'comp. Benfits of Noonkester, 2006 MT 169 (Mont. 2006).
Noonkester v. Montana State Fund, 2006 MT 169 (Mont. 2006).
— Mont. Code Ann. § 39-71-2905(2) — 4 cases
Weidow v. Uninsured Employers' Fund, 2010 MT 292 (Mont. 2010). “Therefore, I would conclude that the general statute of limitations for worker's compensation claims, § 39-71-2905(2), MCA, should apply and that Weidow's claim was timely filed thereunder.”
Kessel v. Liberty Nw. Ins. Corp., 2007 MT 305 (Mont. 2007).
Boyd v. Zurich Am. Ins., 2010 MT 52 (Mont. 2010).
Flynn & Miller v. State Fund &, 2008 MT 394 (Mont. 2008).
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