Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 5. Uninsured Employers
Montana Code Annotated

Mont. Code Ann. § 39-71-516 (2026)

District Court Venue And Jurisdiction For Independent Cause Of Action

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 5
  5. 39-71-516 District court venue and jurisdiction for independent cause of action

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 5. Uninsured Employers

District Court Venue And Jurisdiction For Independent Cause Of Action

39-71-516. District court venue and jurisdiction for independent cause of action. An injured employee or an employee's beneficiaries pursuing an independent cause of action pursuant to 39-71-515 shall bring the action in the district court in the district where the claimant resides or where the alleged violation occurred. The court may grant interim relief that it considers appropriate, including but not limited to injunctive relief, attachment, or receivership. The court may request the workers' compensation judge to determine the amount of recoverable damages due to the employee.

History: En. Sec. 7, Ch. 601, L. 1985; amd. Sec. 12, Ch. 516, L. 1995.

Notes of Decisions
Cited in 5 cases, 1986–1997 · leading case: CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995).
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CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995). · cites it 13× “Section 39-71-516, MCA, provides in part that “[a]n injured employee .”
Barthule v. Karman, 886 P.2d 971 (Mont. 1994). · cites it 3× “Section 39-71-516, MCA, provides that an independent cause of action under § 39-71-515, MCA, must be brought in the district court in the district where the claimant resides or the alleged violation occurred.”
Billings Deaconess Hosp., Inc. v. Angel, 712 P.2d 1323 (Mont. 1986). · cites it 3× “” The exception provided in Section 39-71-516, MCA, is not relevant to the present issue.”
Bohmer v. Uninsured Employers' Fund, 880 P.2d 816 (Mont. 1994). · cites it 16× “The issue before us is whether the Workers’ Compensation Court had jurisdiction to determine the compensation to which an employee is entitled from an uninsured employer pursuant to § 39-71-515(4), MCA. The court concluded that it did not.”
Neustrom v. State, Dep't of Labor & Indus., 939 P.2d 990 (Mont. 1997). · cites it 6× “Section 39-71-516, MCA. Finally, § 39-71-2905, MCA, explains that district court jurisdiction over § 39-71-515, MCA, “independent actions” is an exception to the Workers’ Compensation Court’s exclusive jurisdiction over disputes arising under chapter 71: After parties have…”
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