Employers: Identifying

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Peck v. Int'l Paper Co. [12/16/10] 2010 MTWCC 35 Who an injured worker believed to be his employer is immaterial when determining whether an employer-employee relationship exists.

Howe v. UEF [07/07/06] 2006 MTWCC 27 An employer means anyone, including an independent contractor, who has a person in service under an appointment or contract of hire, expressed or implied, oral or written. § 39-71-117(1)(a), MCA. An individual is in the service of another when that other has the right to control the details of the individual’s work. In the Matter of Glover, 2002 MTWCC 22, ¶ 49. In determining control, the Court employs a four-part test which guides the inquiry in determining whether an employer-employee relationship exists: (1) direct evidence of right or exercise of control; (2) method of payment; (3) furnishing of equipment; and (4) right to fire. American Agrijusters Co. v. Montana Dept. of Labor and Indus., 1999 MT 241, ¶ 21, 296 Mont. 176, 988 P.2d 782.

Colmore v. UEF/Forgey [3/4/04] 2004 MTWCC 22 Where landowner leases agricultural land to another who then employs workers, the workers so employed are employees of the lessee, not the lessor. (Note: WCC affirmed in part, and reversed in part, on other grounds in Colmore, et al. v. Uninsured Employers' Fund, 2005 MT 239.)

Foster v. State Fund/UEF [5/20/02] 2002 MTWCC 27 Where two individuals are in the process of consummating the sale of a business and during a transition period both are involved in managing the business, including the hiring and firing of employees, both individuals are employers for purposes of workers' compensation.

Glover v. Cranford/St. Paul Guardian/State Fund/UEF [4/12/02] 2002 MTWCC 22 Where a subcontractor directs the hiring of workers and their work on the subcontracted project, the subcontractor is the responsible employer.

Roland v. Liberty [02/08/02] 2002 MTWCC 8 Where an insured employer loans its employees to another but retains control over its employees work while working for the other, its insurer is liable for work-related injuries occurring during the work. § 39-71-117(3), MCA (1999).