Defenses: Failure to State a Claim

Brandon v. Montana State Fund [7/10/02] 2002 MTWCC 36 Statute creating a rehiring preference for injured employees creates a cause of action against an employer failing to follow the statute but it does not create a cause of action against the employer's insurer. An insurer is not a proper party to such action. § 39-71-317, MCA (1999).