Claims Attorney (Posting Closes 6/14/2018 at 11:59pm) (40004)

Montana State Fund Helena, MT
Job Summary

Provide workers' compensation insurance litigation, prosecution and defense in all claims related legal forums. Provide legal advice and training to Montana State Fund management and teams.

Essential Job Functions

* Represents Montana State Fund before various legal forums, including administrative agencies, the workers' compensation court, district courts, and the Montana Supreme Court. Travel is required. (65%)

* Conducts research and provides legal advice regarding the interpretation of statutes, administrative rules and court decisions on a daily basis. Develops and provides legal training to MSF staff regarding legal matters impacting core functions. (35%)

Required Skills


* Reviews files and formulates defense strategies.

* Propounds and responds to discovery.

* Identifies/prepares exhibits.

* Conducts legal research.

* Writes various legal documents including motions, briefs, proposed findings of fact, conclusions of law and orders.

* Formulates and presents oral arguments before hearings officers and judges.

* Conducts depositions.

* Interviews witnesses.

* Prepares lay witnesses and expert witnesses for trials.

* Conducts trials by presenting arguments, introducing evidence, conducting examination and cross examination of witnesses.

* Engages in appellate practice before the workers' compensation court, district court or the Montana Supreme Court by filing appropriate briefs and motions as well as presenting oral argument.

* Conduct mediations before the Department of Labor and Industry workers' compensation mediators.

* Represents MSF in settlement conferences.

* Provide legal advice and counsel on as needed basis to claims examiners and other state fund staff, either informally or delivered through a written legal memo with citations to legal authority, dependent upon needs.

* Develop and conduct legal training at least twice yearly for all of the claims staff and also provide further training on an as needed or requested basis throughout the year.

* Provide assistance to policy holders and claimants with understanding the law regarding workers' compensation and related areas.

Required Experience

Minimum Qualifications

* Juris Doctorate degree plus five (5) years of progressively responsible work experience as an attorney.

* Must be licensed to practice law in the State of Montana.

* Workers' compensation litigation experience and relevant designations and certifications preferred.