Montana Code Annotated

Mont. Code Ann. § 39-71-612 (2026)

Costs And Attorney Fees That May Be Assessed Against Insurer By Workers' Compensation Judge -- Barring Of Attorney Fees Under Common Fund Or Other Doctrines

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 6. Claims for Benefits

Costs And Attorney Fees That May Be Assessed Against Insurer By Workers' Compensation Judge -- Barring Of Attorney Fees Under Common Fund Or Other Doctrines

39-71-612. Costs and attorney fees that may be assessed against insurer by workers' compensation judge -- barring of attorney fees under common fund or other doctrines. (1) If an insurer pays or submits a written offer of payment of compensation under this chapter but controversy relates to the amount of compensation due, the case is brought before the workers' compensation judge for adjudication of the controversy, and the award granted by the judge is greater than the amount paid or offered by the insurer, reasonable attorney fees and costs as established by the workers' compensation judge if the case has gone to a hearing may be awarded by the judge in addition to the amount of compensation.

(2) An award of attorney fees under subsection (1) may be made only if it is determined that the actions of the insurer were unreasonable. Any written offer of payment made 30 days or more before the date of hearing must be considered a valid offer of payment for the purposes of this section.

(3) A finding of unreasonableness against an insurer made under this section does not constitute a finding that the insurer acted in bad faith or violated the unfair trade practices provisions of Title 33, chapter 18.

(4) Attorney fees may be awarded only under the provisions of subsections (1) and (2) and may not be awarded under the common fund doctrine or any other action or doctrine in law or equity.

History: En. 92-618 by Sec. 1, Ch. 187, L. 1975; R.C.M. 1947, 92-618; amd. Sec. 1, Ch. 575, L. 1985; amd. Sec. 17, Ch. 464, L. 1987; amd. Sec. 3, Ch. 464, L. 2003; amd. Sec. 25, Ch. 416, L. 2005.

Notes of Decisions

Cited in 53 cases, 1979–2000 · leading case: Madill v. State Comp. Ins. Fund, 930 P.2d 665 (Mont. 1997).

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Madill v. State Comp. Ins. Fund, 930 P.2d 665 (Mont. 1997). · cites it 86× “He contended that various benefits to which he had been entitled were denied by his employer's workers' compensation insurer, the State Compensation Insurance Fund; that he incurred attorney fees and costs to recover those benefits; and that he was entitled to reimbursement of…”

Wight v. Hughes Livestock Co., Inc., 664 P.2d 303 (Mont. 1983). · cites it 15× “" Section 39-71-612, MCA: "(1) If an employer or insurer pays or tenders payment of compensation under chapter 71 or 72 of this title, but controversy relates to the amount of compensation due and the settlement or award is greater than the amount paid or tendered by the…”

Lamb v. Missoula Imports, Inc., 748 P.2d 965 (Mont. 1988). · cites it 25× “Whether claimant is entitled to attorney’s fees under Section 39-71-612, MCA, after going to a hearing which resulted in an increase in benefits.”

S.L.H. v. State Comp. Mut. Ins. Fund, 2000 MT 362 (Mont. 2000). · cites it 13× “’s time-of-injury job was medium duty. ¶47 III. Did the court err in its decisions regarding penalties, attorney fees, and costs? ¶48 Resolution of these issues involves the application of two stat-' utes: § 39-71-2907 and § 39-71-612, MCA, to each of several issues which we…”

McKinley v. Am. Dental Mfg. Co., 754 P.2d 831 (Mont. 1988). · cites it 31× “Appellant State Compensation Insurance Fund (State Fund) states the issue as whether the lower court erred in ignoring offers of settlement made prior to trial in determining the attorney fee awardable under § 39-71-612, MCA (1983). The claimant Ms.”

Baeta v. Don Tripp Trucking, 839 P.2d 566 (Mont. 1992). · cites it 16× “The pertinent sections of the 1985 statutes stated: Section 39-71-612, MCA (1985): Costs and attorneys’ fees that may be assessed against an employer or insurer by workers’ compensation judge.”

Stordalen v. Ricci's Food Farm, 862 P.2d 393 (Mont. 1993). · cites it 9× “This is an appeal from a decision of the Workers’ Compensation Court denying appellant Sheila Stordalen a penalty pursuant to § 39-71-2907, MCA, and denying her attorney fees pursuant to § 39-71-612, MCA, after the Workers’ Compensation Court found that respondent State…”

Kloepfer v. Lumbermens Mut. Cas. Co., 899 P.2d 1081 (Mont. 1995). · cites it 10× “) Section 39-71-612, MCA. The above statutes establish that "reasonable costs and attorney's fees" may be awarded in workers' compensation cases.”

Eastman v. Atl. Richfield Co., 777 P.2d 862 (Mont. 1989). · cites it 6× “The court also concluded that the claimant was not entitled to a 20% increase in award pursuant to § 39-71-2907, MCA, nor was he entitled to reasonable costs and attorney fees under § 39-71-612, MCA. It is from this judgment that Mr.”

Catteyson v. Falls Mobile Home Ctr., Inc., 599 P.2d 341 (Mont. 1979). · cites it 9× “Finally, the court awarded claimant attorney fees pursuant to section 39-71-612 MCA, in the amount of $1500.”

Buckman v. Montana Deaconess Hosp., 776 P.2d 1210 (Mont. 1989). · cites it 10× “2d 458 , that under section 39-71-612, MCA, a claimant is entitled to attorney fees and costs in relation only to his proof on prevailing issues.”

Krause v. Sears Roebuck & Co., 641 P.2d 458 (Mont. 1982). · cites it 6× “1572 , we held that section 39-71-612, MCA, governed the award of attorney fees where the claimant prevailed in a hearing where the issue was whether his benefits should have been converted into a lump sum settlement.”

Show all 53 citing cases →

— Mont. Code Ann. § 39-71-612(1) — 5 cases

Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995).

David v. State Comp. Mut. Ins. Fund, 884 P.2d 778 (Mont. 1994).

Robertson v. Aero Power-Vac, Inc., 899 P.2d 1078 (Mont. 1995).

Field v. Sears, Roebuck & Co., 847 P.2d 306 (Mont. 1993).

Galetti v. Montana Power Co., 2000 MT 234 (Mont. 2000).

— Mont. Code Ann. § 39-71-612(2) — 2 cases

Lockhart v. New Hampshire Ins., 1999 MT 205 (Mont. 1999).

Robertson v. Aero Power-Vac, Inc., 899 P.2d 1078 (Mont. 1995).

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