Employment: Existence

McCoy v. Travelers Casualty & Surety [02/06/14] 2014 MTWCC 3 Since no Montana employment existed at the time Petitioner suffered an industrial injury in North Dakota, the Court concluded Petitioner did not temporarily leave Montana “incidental to” Montana employment.  While Petitioner may have had the subjective intention to return to Montana at some point in the future, she did not leave the state “incidental to” an employment which no longer existed.  Therefore, this Court had no jurisdiction over her workers’ compensation claim.

Bustell v. Ins. Co. Of PA [5/15/02] 2002 MTWCC 26 Where the parties enter into an agreement which contains no qualifications or conditions precedent, an employment is created even though the employee must meet certain qualifications to fulfill all her duties of employment, especially where both parties reasonably expect that the employee will meet the qualifications.