Employment: Course and Scope: Intoxication

MONTANA SUPREME COURT DECISIONS

Hopkins v. Uninsured Employers' Fund, 2011 MT 49 Although the claimant used marijuana on the day of his industrial accident, where the parties presented no evidence regarding the claimant’s level of impairment, the Montana Supreme Court held that this Court correctly concluded that the marijuana use was not the major contributing cause of the injuries the claimant suffered when he was mauled by a grizzly bear.
Heth v. Montana State Fund [05/05/09] 2009 MT 149 Where the employer had ongoing knowledge that his employee drank beer while working and driving the company trucks, the employer had discussed the beer consumption with the employee on more than one occasion, the employer had observed full and empty beer cans in the company trucks, the Workers’ Compensation Court correctly distinguished this case from a hypothetical situation where an employer caught an employee drinking on the job on an isolated occasion just prior to an accident. Not only did the employer have knowledge that his employee drank on the job, but the employer did not attempt to stop him, as required by the language of § 39-71-407(4), MCA. By merely counseling moderation and control, the employer acquiesced to the employee’s on-the-job alcohol consumption.
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
Hopkins v. Uninsured Employers' Fund [05/04/10] 2010 MTWCC 9 Although Petitioner admitted smoking marijuana before arriving at work on the morning of the bear attack, the Court concluded that nonprescription drug use was not the major contributing cause of the incident. When it comes to attacking humans, bears are equal opportunity maulers, attacking without regard to race, creed, ethnicity, or marijuana usage.
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)