Employment: Montana Employment
MONTANA SUPREME COURT DECISIONS |
Williams
Insulation Co. Inc. v. Department of Labor and Industry, Uninsured Employers'
Fund, 2003 MT 72 Where Wyoming workers' compensation coverage
did not apply to employees working primarily in Montana, UEF properly
assessed penalty against employer for failing to carry workers' compensation
insurance. |
Williams
Insulation Co. Inc. v. Department of Labor and Industry, Uninsured Employers'
Fund, 2003 MT 72 When subsections (2) and (5) of section 39-71-402,
MCA (1999) are read together, the law requires that, with the exception
of employers engaged in the construction industry, an out-of-state employer
does not have to purchase coverage in Montana if it has out-of-state coverage
that applies to its employees while in Montana. A construction industry
employer, however, would not get the benefit of any reciprocity under
subsection (2), but would have to maintain coverage in Montana irrespective
of any out-of-state coverage. |
Fliehler
v. Uninsured Employers' Fund, 2002 MT 125 Company that installs
kitchens for restaurants nationwide is an employer required to maintain
workers compensation insurance under the Montana Workers Compensation
Act even though day-to-day control of employee's duties took place outside
Montana. While company performed no recent jobs in Montana, its principal
place of business was in Montana, which was the state where the crew was
hired, from which they left to perform jobs, and where they returned to
live between jobs. Where there was no singular point of control in the
sense that all of the employee's duties were controlled from Montana,
or that all of his duties were controlled at non-Montana job sites, the
WCC was correct in comparing all of the employer's activities at its various
locations and concluding that the primary, principal and ultimate control
over the work took place in Montana. |
Schimmel v. UEF/Jasper Express, Inc., 2001 MT 280, 307 Mont. 344, 38 P.3d 788 (2001) Under 39-71-118, MCA (1997), a worker is an employee for whom an employer must carry WC insurance only if he is a resident of Montana whose employment duties are primarily carried out or controlled within this state. Where the alleged employer had offices in and controlled its business from Washington, and most of claimant's long-haul truck driving occurred outside Montana, claimant was not a "worker in this state" and Montana WC coverage was not required. |
WORKERS' COMPENSATION COURT DECISIONS |
McCoy v. Travelers Casualty & Surety Co. [04/07/14] 2014 MTWCC 3A With no objection from the parties, and after granting the Department’s motion to intervene, the Court amended its decision to remove language in which this Court ruled on the applicability of the 2007 Montana-North Dakota Reciprocal Agreement. Since the parties had stipulated that the Agreement did not apply, the Court agreed with the Department’s representations that the Court’s statements about the Agreement were dicta and had created confusion in other cases. |
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. |
Schimmel v. UEF [6/28/00] 2000 MTWCC 41 - Reversed and Remanded - Schimmel v. UEF/Jasper Express, Inc., 2001 MT 280, 307 Mont. 344, 38 P.3d 788 (2001) Under 39-71-118, MCA (1997), a worker is an employee for whom an employer must carry WC insurance only if he is a resident of Montana whose employment duties are primarily carried out or controlled within this state. Where the alleged employer had offices in and controlled its business from Washington, and most of claimant's long-haul truck driving occurred outside Montana, claimant was not a "worker in this state" and Montana WC coverage was not required. |
Sandoval v. UEF and Jacklin [5/6/99] 1999 MTWCC 33 As set out in the Court's prior order in this case, for Montana workers' compensation requirements to apply, Jacklin must have either primarily controlled Sandoval's activities from Montana or Sandoval's duties must have been primarily carried out within Montana. The evidence is undisputed that mule owner, who hired claimant to race his mules, remained in Idaho. Owner submitted as "undisputed facts" a racing schedule for 1995, showing no races took place in Montana, meaning none of the summer 1995 work was to occur in Montana. Claimant responded by affidavit stating his "understanding" that some races would have occurred in Montana. Jacklin responded with an affidavit of the Executive Secretary for the Montana Board of Horse Racing stating that "no mule racing has occurred in Montana since 1994." Claimant did not dispute this affidavit. Summary judgment granted because conclusory or speculative statements such as an "understanding" do not contradict facts stated in affidavits or sworn testimony. |
Sandoval
v.UEF and Jacklin [10/21/98] 1998 MTWCC 76 Where it is undisputed
claimant was a resident of Montana when injured, section 39-71-118(7)(a),
MCA (1993) sets forth the standard for determining whether Montana workers'
compensation law is applicable. That section provides that an "employee
or worker in this state" means "a resident of Montana...whose
employment duties are primarily carried out or controlled within this
state." The Court interprets "primarily" to mean "first
in importance" or "leading," not 50% or more. Thus, subsection
7(a) covers traveling employees whose employment duties carried out in
Montana exceed the duties they carry out in any other individual jurisdiction.
If only two states are involved, then the Montana duties must equal or
exceed 50%. If there are three or more states, then the percentage of
time worked in Montana must be greater than the percentage of time worked
in each of the other states individually. |
Sandoval
v.UEF and Jacklin [10/21/98] 1998 MTWCC 76 In order to determine
whether claimant's duties were primarily carried out in Montana, the Court
must decide whether to consider all the employments claimant had with
this employer, or to consider the employment under the parties' written
agreement for training and racing mules for the 1995 season, the season
in which claimant was injured. Because subsection (7) contemplates present
employment, and where the parties had entered into a series of written
and oral agreements for specific terms of work, the Court will look only
to the time period covered by the most recent written agreement. |
Sandoval
v.UEF and Jacklin [10/21/98] 1998 MTWCC 76 Cross motions for
summary judgment filed raising the question whether claimant, a mule and
horse trainer, was covered by the Montana Workers' Compensation Act when
injured at a mule race in Nevada. UEF and the employer argue Montana lacks
jurisdiction over the accident because the employer is not a Montana resident,
he does not operate a business in Montana, and claimant's work was performed
primarily outside of Montana. Where it is undisputed claimant was a resident
of Montana, the Court looks to section 39-71-118(7)(a), MCA (1993), which
provides that an "employee or worker in this state" means "a
resident of Montana . . . whose employment duties are primarily carried
out or controlled within this state." Although it appears uncontroverted
that races did not occur in Montana during the applicable term of employment,
summary judgment denied where the Court does not have sufficient evidence
to rule out the possibility that claimant would have done substantial
work in Montana that season had he not been injured. [Note:
Summary judgment was granted to the UEF and employer in Joseph
L. Sandoval v. Uninsured Employers' Fund and Donald W. Jacklin
[5/6/99] 1999 MTWCC 33.] |
R.
Zimmerman, Inoco Incorporated, Big Z Trucking, and Zimmerman Trading Company
v. UEF and State Fund [10/23/97] 1997 MTWCC 60 Under 39-71-118,
MCA (1993), truck drivers were employees for whom the employer should
have purchased Montana workers' compensation insurance where they were
residents of Montana and their work was controlled from Montana. A penalty
assessment issued the Department of Labor is upheld against specific corporate
entities. |