Lako v. Employment Relations Division Uninsured Employer' Fund

**Lako v. Employment Relations Division Uninsured Employer's Fund** Rita Lako waited eight years after her workplace injury to file a workers' compensation claim with Montana's Uninsured Employers' Fund. This special fund exists to pay benefits when employers don't carry proper workers' compensation insurance or become insolvent. Lako argued she shouldn't be penalized for the delay because she was told the fund was insolvent and couldn't pay claims, which prevented her from filing sooner. The Montana Supreme Court ruled against Lako, upholding the denial of her claim. The court found that her claim was filed too late under state law and that she failed to prove the fund had misled her about its financial status. Even if the fund had made statements about being insolvent, this wasn't enough to excuse her eight-year delay in filing. This case highlights the importance of timely filing workers' compensation claims. Even when dealing with special funds like the Uninsured Employers' Fund, workers cannot rely on informal statements about a fund's ability to pay as an excuse for missing filing deadlines. Workers should always file claims promptly after workplace injuries, regardless of what they might hear about an insurer's or fund's financial condition.