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JILL MacGILLIVRAY vs. MONTANA STATE FUND.

Workers' Compensation Court of the State of Montana

Does Workers’ Compensation Court have exclusive jurisdiction to decide issues relating to claim?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 13
WCC No. 2016-3831.  JILL MacGILLIVRAY vs. MONTANA STATE FUND.

ORDER REVERSING ORDER DIRECTING MEDICAL EXAMINATION

Summary: Petitioner appeals DLI’s Order Directing Medical Examination. Inter alia, Petitioner argues that this Court should reverse the order because the Workers’ Compensation Court has exclusive jurisdiction to decide issues relating to her claim, and § 39-71-605, MCA, does not provide for multiple IMEs on a denied liability claim. Respondent argues a change in the treating physician’s medical opinion and Petitioner’s new assertion that she is PTD justify a second IME.

Held: DLI did not exceed its statutory authority by ruling on Respondent’s motion to compel attendance at an IME; its exercise of jurisdiction was lawful under § 39-71-605(2), MCA. However, it committed reversible error because the first IME physician addressed causation, the treating physician has not changed his opinion, and no evidence indicates Petitioner’s condition has changed.

Judgement: The DLI’s Order Directing Medical Examination is reversed.