39-71-402, MCA

MONTANA SUPREME COURT DECISIONS

[1997] 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, 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.

 
WORKERS' COMPENSATION COURT DECISIONS
[1997] Williams Insulation Co. v. DLI/UEF [6/7/02] 2002 MTWCC 33 An employer engaged in the "construction industry" is required to provide Montana workers' compensation insurance for workers employed in Montana even though the workers are from other states and the employer has insurance covering them in the other states.