Flynn v. Uninsured Employers' Fund

¶25 I dissent from the dismissal of Flynn’s claim under § 39-71-520, MCA (2001). The Court phrases the issue as whether Rule 6(e), M.R.Civ.P., adds three additional days to the ninety-day period provided in § 39-71-520, MCA (2001), for the claimant to request mediation following a determination by the UEF that is mailed to the claimant. I conclude that Flynn requested mediation within the ninety-day limit, and it is therefore unnecessary to address whether he had an additional three days.

¶26 As recognized by the Court at ¶ 7, if the UEF determination was made the date the letter containing…