First Interstate Bank of Missoula, N.A. v. Tom Sherry Tire, Inc.

This is an appeal from the Workers’ Compensation Court of the State of Montana. Claimant and appellant, First Interstate Bank, petitioned the Workers’ Compensation Court for a hearing which would determine the subrogation rights of respondent EBI Companies/Orion Group pursuant to Section 39-71-414(5), MCA. The court found that the issue was outside the scope of its jurisdiction and that the Workers’ Compensation Division is the proper forum for defining the subrogation rights.

We affirm.

The issue to be decided is whether the proper forum for determination of the insurer’s subrogation rights is…