Employment: Exempt Employment

Hammer v. UEF [5/31/96] 1996 MTWCC 40 Claimant temporarily living with alleged employer per terms of release on her own recognizance from criminal charges was employee within WCA where she worked for board and room. She was, however, exempt from the WCA under the provision relating to work for "aid and sustenance only" set out in section 39-71-401(h), MCA (1991). Note: this decision was affirmed by the Montana Supreme Court in Hammer v. Uninsured Employers' Fund, 280 Mont. 371, 929 P.2d 883 (1996).