24.5.301    PETITION FOR TRIAL

(1) The petitioner shall make any request for trial before the Workers' Compensation Court in petition form. Upon request, the court provides a form that the petitioner may use as a petition. The petitioner shall ensure that the petition complies with ARM 24.5.306 and includes the following information:

(a) in the case of an injury, the date and a description of the accident, or, in the case of an occupational disease, the date the petitioner became aware of the occupational disease and a description of the condition and its occupational origin;

(b) the county where the accident occurred or the occupational disease arose;

(c) a short, plain statement of the petitioner's contentions;

(d) for accidents occurring before July 1, 1987, a statement to the effect that the parties have made an effort to resolve the dispute but have been unable to do so;

(e) for accidents occurring on or after July 1, 1987, and for occupational disease claims, a statement that the parties have complied with the mediation provisions set forth in 39-71-2411, MCA;

(f) a statement that the petitioner has freely exchanged all available pertinent medical records with the respondent pursuant to ARM 24.5.317 and shall continue to do so;

(g) a list of the petitioner's potential witnesses and a summary of the subject matter on which the petitioner expects each witness to testify; and

(h) a list of written documents relating to the claim which the petitioner may introduce as evidence.

(2) The petitioner may plead in the alternative.

(3) The petitioner shall join and plead any claim for attorney fees, costs, and/or penalty with respect to the benefits or other relief the petitioner seeks in the petition or amended petition. If the petitioner fails to join and plead a claim for attorney fees, costs, and/or penalty with respect to the benefits or other relief the petitioner seeks in the petition or amended petition, the petitioner waives this claim and may not pursue any future claim with respect to these attorney fees, costs, and/or penalty.

(4) The petitioner may only name an employer in the caption of the petition, as well as subsequent pleadings, motions, briefs, and other documents, if the petitioner seeks relief against the employer. However, whether named or not, an employer shall fulfill its duty to cooperate and assist its insurer, including any duty to assist in responding to discovery.

(5) The petitioner shall file the petition in accordance with ARM 24.5.303 and ARM 24.5.320. However, if the court receives the hard copy original of the petition after the petition deadline, it schedules the matter on the next trial docket.

(6) The petitioner shall serve the petition in accordance with ARM 24.5.303.

(7) The court may return the petition unfiled if the petitioner fails to comply with (1) and (4) of this rule.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2905, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.301, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2003 MAR p. 650, Eff. 4/11/03; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.