IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 10
WCC No. 2016-3760. TIMOTHY HALL vs. NEW HAMPSHIRE INS. CO.
Summary: Respondent moved to dismiss the Petition for Hearing, arguing that this Court lacks jurisdiction because Petitioner filed his petition in this Court prior to the issuance of the mediator’s Report and Recommendation. Petitioner objected to Respondent’s motion, arguing that he could cure any jurisdictional defect because the mediator had issued a Report and Recommendation after Respondent filed its motion to dismiss, and alternatively arguing that he could file his Petition for Hearing because more than 10 working days had passed since the mediation conference, in accordance with ARM 24.28.108(2).
Held: This Court granted Respondent’s motion to dismiss. A supplemental pleading cannot cure this jurisdictional defect because it would defeat the purpose of the mediation statutes. Furthermore, since the parties agreed that they pended the mediation to allow them to submit additional evidence for the mediator’s consideration, Petitioner failed to prove precisely when the case was no longer in a pending status and that more than 10 working days had passed since the mediation conference.
Order: Respondent’s motion to dismiss is granted. Respondent’s motion to strike is denied.
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