Jurisdiction: Employer's Petition

Daenzer v. State Fund [7/16/96] 1996 MTWCC 53 Uninsured employer filed petition asking WCC to find his employee was not injured in the course and scope of employment. Insurer had accepted claim under section 39-71-405, MCA (1993), based on policy of company contracting with employer. WCC rejected insurer's motion to dismiss, which argued section 39-71-415, MCA (1993) required matter to be adjudicated by DOL. While issues over independent contractor status are within the original jurisdiction of the DOL under the statute, the petitioner concedes he was claimant's employer. Under State ex re. Uninsured Employer's Fund v. Hunt, 191 Mont. 514, 625 P.2d 539 (1981), holding the WCC has jurisdiction to consider an employer's petition contesting a claim for compensation, the present petition is properly before the WCC and the motion to dismiss is denied.