Car Werks, LLC v. Uninsured Employers' Fund [12/09/15] 2015 MTWCC 21 If the UEF has accepted liability for a claim and the uninsured employer disagrees with the determination, the uninsured employer has the burden of proving that the claim is noncompensable.  Here, the uninsured employer did not offer any evidence that the worker’s injuries were causally related to anything other than his industrial injury.

UEF v. Keith Grant [4/23/04] 2004 MTWCC 38 Where an employer disputes the decision of the Uninsured Employers' Fund accepting liability for a claim, the employer bears both the burden of producing evidence and the burden of persuasion with respect to the non-compensability of the claim. The Workers' Compensation Court decision in Garcia v. Uninsured Employers' Fund, 1998 MTWCC 53 regarding burden of persuasion is overruled.