Proof: Conflicting Evidence: Generally

MONTANA WORKERS' COMPENSATION COURT DECISIONS

DeLong v. Montana State Fund [01/12/12] 2012 MTWCC 3 Although the employer denied knowing about Petitioner’s work-related injury within thirty days of the accident, his deposition testimony contradicts the Petitioner and two co-workers who testified credibly that the employer knew of the accident and injury shortly after it occurred.  It is implausible that the employer was the only person in a small shop who did not know that Petitioner injured himself lifting a motor.  Section 39-71-603, MCA, is satisfied, as the employer had actual knowledge equivalent to notice of the time, place, and nature of the accident and injury within the 30-day statute of limitations.