Employment: Casual Employment
MONTANA SUPREME COURT DECISIONS |
Colmore, et al. v. Uninsured Employers' Fund, 2005 MT 239 The Workers’ Compensation Court properly determined that decedent, who performed fencing repair work for a ranch owner, was not a casual employee where he was hired to complete a task in furtherance of an existing business. It is not significant that the employer was engaged in other businesses, or that decedent’s employment was only temporary. It is important that the decedent was employed to work in the course of appellant’s agricultural business (for which he claimed $140,983 in deductions on his federal income tax) and that the decedent’s only occupation at the time was to repair and replace fences for appellant. |
MONTANA WORKERS' COMPENSATION COURT DECISIONS |
Colmore
v. UEF/Forgey [3/4/04] 2004 MTWCC 22 Where
the party hiring another to do fencing on a ranch for which the hiring
party deducts costs of the ranch operations as a business expense on
his federal income tax return; where the hiring party maintains significant
farm equipment on the ranch; and where the hiring party plans to develop
for agricultural purposes, the party employed to do fencing is not
a casual employee under section 39-71-401(2)(b), MCA (1999). § 39-71-116(7),
MCA (1999). (Note: WCC affirmed on this ground in Colmore,
et al. v. Uninsured Employers' Fund, 2005
MT 239.) |
| Colmore v. UEF/Forgey [3/4/04] 2004 MTWCC 22 Casual employees are not subject to workers’ compensation insurance or liability provisions. § 39-71-401(2)(b), MCA (1999). (Note: WCC affirmed on this ground in Colmore, et al. v. Uninsured Employers' Fund, 2005 MT 239.) |