Flynn v. Uninsured Employers' Fund

Flynn v. Uninsured Employers' Fund: Missing Deadlines Can End Your Case

Flynn worked for Dean Casterline and later filed a workers' compensation claim through Montana's Uninsured Employers' Fund. When Flynn disagreed with a decision in his case, he wanted to request mediation to resolve the dispute. However, Montana law requires workers to file such requests within 90 days of the decision they're challenging.

Flynn filed his mediation request three days after this 90-day deadline had passed. He argued that a court rule about mailing documents should give him extra time, but the Montana Supreme Court disagreed. The court ruled that Flynn's request was too late and could not be considered, even though he was only three days past the deadline.

What this means for workers: Strict deadlines in workers' compensation cases are enforced exactly as written. Even being a few days late can completely eliminate your right to challenge a decision. If you're dealing with a workers' compensation issue, it's crucial to track all deadlines carefully and file any necessary paperwork well before the deadline expires. Don't assume that general court rules about mailing will extend workers' compensation deadlines.