24.5.348    CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT

(1) A party shall make any appeal from the Workers' Compensation Court as in the case of an appeal from a district court as provided in M. R. Civ. P. 72.

(2) For purposes of appeal, the court's final certification is considered a notice of entry of judgment.

(3) A party appealing from the Workers' Compensation Court shall comply with the Montana Rules of Appellate Procedure.

(4) The court certifies its decisions as final without determining the amount of reasonable costs and attorney fees, except that:

(a) Prior to the court's issuance of the decision and certification, a party to the dispute may file a motion requesting that the court not certify the decision as final. A party filing this motion shall demonstrate good cause.

(b) The court in its discretion may grant the motion, in which case the court does not certify the judgment for purposes of appeal until it determines the amount of the attorney fees and costs.

(c) A party may petition for new trial or request amendment to the court's findings of fact and conclusions of law in accordance with ARM 24.5.344, regardless of whether the court has certified the decision as final for purposes of appeal.

 

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2904, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.348, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.