Employment: Course and Scope: Intoxication

MONTANA SUPREME COURT DECISIONS
Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206) Where deputy sheriff’s employer knew drinking alcohol in hospitality suite was part of employment-related conference, the employee did not deviate from the course and scope of his employment by continuing consumption of alcohol and wandering hotel after closure of hospitality suite. His death from injuries sustained after falling from fourth or fifth floor balcony was within the course and scope of employment.
 
WORKERS' COMPENSATION COURT DECISIONS
Van Vleet v. Montana Assoc. of Counties Workers' Comp. Trust [2/19/04] 2004 MTWCC 8 Where a substantial cause of the claimant's injury or death is alcohol intoxication, a claim for benefits is barred by section 39-71-407(4), MCA (1999), unless the employer was aware that the claimant was using alcohol or drugs and failed to attempt to stop the use. Reversed on other grounds in Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206)
Van Vleet v. Montana Assoc. of Counties Workers' Comp. Trust [2/19/04] 2004 MTWCC 8 Where an employer was aware of and did not attempt to stop alcohol use by an employee, intoxication does not bar a claim for compensation so long as the employee was otherwise in the course and scope of employment. Reversed on other grounds in Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206)

Van Vleet v. Montana Assoc. of Counties Workers' Comp. Trust [2/19/04] 2004 MTWCC 8 Where an employee engages in after-hours and unsanctioned drinking at a conference related to his employment, and is injured or dies as a result of the unsanctioned drinking, the injury or death was not within the scope and course of employment and is not compensable. Reversed in Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206)