Employers: Identifying

MONTANA SUPREME COURT DECISIONS

Big Sky Colony, Inc. v. Dep't of Labor & Industry [12/31/12] 2012 MT 320 HB 119 simply adds religious organizations to the types of entities that qualify as an “employer” for purposes of the WCA.  It treats religious organizations no differently than any other employer under the workers’ compensation system and does not single out religious groups for different treatment.

 
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).