Pinnow v. Montana State Fund

¶1 Gayle Pinnow appeals from an order of the Workers’ Compensation Court (“WCC”) granting summary judgment in favor of respondent Montana State Fund (“MSF”) and intervenor Halverson, Sheehy & Plath, P.C. (“Halverson”). We reverse.

¶2 The issues on appeal are as follows:

1. Did District Court Judge Sherlock have authority to assume jurisdiction over this case and sit in place of WCC Judge McCarter following Judge McCarter’s recusal?

2. Did the WCC err by not referring Pinnow and Halverson’s dispute regarding attorney’s fees to the Montana Department of Labor and Industry for a hearing?

FACTUAL AND…