Gibson v. State Compensation Mutual Insurance Fund

Appellant, State Compensation Mutual Insurance Fund (State Fund), appeals from an adverse decision rendered by the Workers’ Compensation Court. We affirm.

The only issue before this Court is whether the Workers’ Compensation Court erred in determining that Section 39-71-1033, MCA (1989), provides an independent right to pursue a contested case hearing before the Department of Labor and Industry (Department), when a claimant has failed to timely request a hearing pursuant to Section 39-71-1018, MCA (1989).

Claimant Nona Buechler Gibson was injured while working as a nurses’ aide on October 10,…