Mellem v. Kalispell Laundry & Dry Cleaners

This appeal concerns the requirements for perfecting an appeal to the Montana Workers’ Compensation Court under the terms of the Montana Occupational Disease Act (MODA). Marie Mellem appeals from the court’s order dismissing her appeal for failure to comply with the jurisdictional requirements of MODA. We reverse and remand with instructions.

Mellem presents three issues for review:

1. Did Mellem fail to perfect an appeal to the Workers’ Compensation Court because her request for rehearing was denominated “Statement of Exceptions”?

2. Did the Workers’ Compensation Court abuse its discretion by…