Employment: Course and Scope: Fights

Kuykendall v. Liberty NW [3/17/97] 1997 MTWCC 12 Claimant injured in fight with co-worker at lumber mill was injured within course and scope of employment where there was a "reasonable connection between" the fight and "the conditions under which [claimant] pursued his employment." Pinyerd v. State Comp. Ins. Fund, 271 Mont. 115 (1995). "It is universally agreed that if the assault grew out of an argument over the performance of the work, the possession of tools or equipment used in the work, . . . the assault is compensable." Larson's Worker's Compensation Law, section 11.12 (b). Although claimant seriously escalated the confrontation by swingng a two-by-four, he was goaded into his anger by an employee who threw two-by-fours onto claimant's work table as an act of provocation.