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(1) All requests for trial before the Workers' Compensation Court must be in petition form and signed by the petitioner or the petitioner's attorney. The petition must comply with ARM 24.5.303(5). Upon request, the court provides a form which can be used as a petition. The petition must include 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 mediation provisions set forth in 39-71-2411, MCA, have been complied with;

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

(g) a list of the petitioner's potential witnesses and a summary of the subject matter of the witnesses' anticipated testimony; and

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

(2) Alternative pleading is permissible.

(3) Any claim for attorney fees, costs, and/or penalty with respect to the benefits or other relief sought by the petitioner must be joined and pleaded in the petition. Failure to join and plead a claim for attorney fees, costs, and/or penalty with respect to the benefits or other relief sought in the petition constitutes a waiver and bars any future claim with respect to such attorney fees, costs, and/or penalty.

(4) Except in cases involving a request for relief against an employer, the caption of the petition, as well as subsequent pleadings, motions, briefs, and other documents, must not name the employer. This rule does not relieve any employer from its duty to cooperate and assist its insurer, including any duty to assist in responding to discovery.

(5) There is no filing fee. Petitions and all other materials must be filed with the Clerk of Court at 1625 11th Avenue, P.O. Box 537, Helena, MT 59624-0537. The party shall file an original and two copies of the petition. The petitioner shall provide the names and addresses of all adverse parties to be served. The court may return documents which fail to comply with (1) and (4) of this rule to the petitioner.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, 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.

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