Young v. New Hampshire Ins. Co., 061815 MTWCC, WCC 2015-3532

Case DateJune 18, 2015
CourtMontana
2015 MTWCC 14
CARL C. "CHRIS" YOUNG Petitioner
v.
NEW HAMPSHIRE INS. CO. Respondent/Insurer.
No. WCC 2015-3532
Court of Workers Compensation of Montana
June 18, 2015
          Submitted: May 15, 2015           ORDER DISMISSING FOR LACK OF SUBJECT MATTER JURISDICTION           DAVID M. SANDLER JUDGE          Summary: Respondent contended in its Response to Petition for Hearing that the parties had not completed the mandatory mediation process when Petitioner filed his Petition for Hearing (Injury). Petitioner concedes that the parties had not completed the mediation process when he filed his Petition for Hearing (Injury). However, relying on maxims of jurisprudence, such as "The law neither does nor requires idle acts, " Petitioner argues that this Court has jurisdiction because the parties were entrenched in their positions and that the mediation process was therefore "a complete waste of time."          Held: This Court does not have subject matter jurisdiction and therefore this case is dismissed without prejudice. In 2004, the Montana Supreme Court held, "the Workers' Compensation Court does not have jurisdiction during the pendency of a statutorily-mandated mediation, given that a claimant may only petition the Workers' Compensation Court 'after satisfying dispute resolution requirements otherwise provided' in the Workers' Compensation Act—such as mandatory mediation." Thus, in 2005, this Court warned, "[I]n the future, all petitions which are filed before completion of mandatory mediation will be dismissed." This case is no exception.          ¶ 1 On April 3, 2015, this Court ordered the parties to brief the issue of this Court's subject matter jurisdiction over this case due to questions surrounding the completion of the mediation process prior to the filing of Petitioner Carl C. "Chris" Young's Petition for Hearing (Injury).1] The matter is now ripe for decision.          Factual Background2          ¶ 2 On February 28, 2012, Young filed a Petition for Mediation regarding the initial compensability of his claim.          ¶ 3 On April 11, 2012, Young and Respondent New Hampshire Ins. Co. (New Hampshire) participated in a mediation conference. New Hampshire accepted Young's claim under a reservation of rights and began paying temporary total disability (TTD) benefits. It does not appear that the mediator issued a Report and Recommendation pursuant to § 39-71-2411(6), MCA.          ¶ 4 On March 29, 2013, New Hampshire terminated Young's TTD benefits and denied further liability for his claim.          ¶ 5 On August 29, 2013, Young filed a new Petition for Mediation regarding New Hampshire's termination of the TTD benefits it had paid Young under a reservation of rights.          ¶ 6 On October 2, 2013, the parties participated in a mediation conference.          ¶ 7 On February 19, 2015, the mediator issued a Notice of Reconvening the Telephone...

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