(1) Parties having a dispute about any issue concerning claimant's benefits under Title 39, chapters 71 and 72, MCA, must bring the dispute before a department of labor and industry mediator prior to petitioning the workers' compensation court. Except as otherwise provided in statute or rule, the practices and procedures described in these rules apply to all benefit disputes under Title 39, chapters 71 and 72, MCA.

(2) Within five working days after the receipt of a request for mediation, the department shall determine whether it has jurisdiction over the subject of the dispute. If the department determines that it does not have jurisdiction, it shall issue an order dismissing the request, stating the reasons for the dismissal, and setting forth the proper procedure for resolving the dispute.