Rule 23.15.310 - SUBROGATION AND ATTORNEY FEES(1) The claimant must advise the unit when a civil action is initiated by the claimant against the offender or another collateral source. The claimant must provide the name and address of his or her attorney to the unit.(2) The claimant or his or her attorney must provide a copy of the fee agreement between the claimant and attorney to the unit. The unit will provide a copy of the office's determination or order awarding or denying compensation benefits and any necessary documents to the attorney.(3) At the conclusion of the civil action, if the office recovers under its subrogation interest and the claimant wishes to recover a proportional share of costs and attorney fees from the office, the claimant or his or her attorney must provide an itemized list of the litigation costs and attorney fees to the office. (a) After receiving its subrogation interest, the office will authorize payment of its share of costs and attorney fees to the claimant as reimbursement if the claimant has properly paid all fees and costs, or to the attorney if the claimant has not paid such fees and costs.Mont. Admin. r. 23.15.310
NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2002 MAR p. 1753, Eff. 6/28/02.53-9-104, MCA; IMP, 53-9-132, MCA;