Contracts: Construction: Plain Meaning

Olson v. Montana State Fund [02/03/15] 2015 MTWCC 2 Under the plain language of § 39-71-407(4)(b), MCA (2011), a payment for travel falls under the travel reimbursement exception to the going and coming rule unless the written document designates the payment as an “incentive” and sets forth the particular jobsite.  In this case, the contract did not meet those requirements.  Therefore, the worker was in the course and scope of his employment when he was in an automobile accident on the way to work prior to the start of his shift.

UEF v. Mackey [ 5/6/03] 2003 MTWCC 36 A contract which is plain and unambiguous on its face must be construed and applied as written. The word "recovery" used in connection with recovery by claimant from an uninsured employer, means the actual amount of money recovered by the claimant from the employer without deduction for attorney fees.