Employers: Liability

Olson v. Daughenbaugh, 2001 MT 284. Where the injured employee of an uninsured employer has already received his full entitlement to compensation pursuant to settlement negotiated with the UEF and the uninsured employer, section 39-71-515, MCA does not provide an independent cause of action allowing duplicative recovery. The section is one part of a comprehensive statutory scheme designed to ensure an injured worker receives compensation. While an employee may pursue various statutory remedies in an uninsured employer case concurrently, he is not entitled to duplicative recovery, but is bound by the first venue to reach decision.