39-71-402, MCA


[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.


McCoy v. Travelers Casualty & Surety Co. [04/07/14] 2014 MTWCC 3A The Court agreed with the Department that, since it has the right to enter into reciprocal agreements with other states under § 39-71-402, MCA, it had clear justification to intervene in a matter in which this Court interpreted the 2007 Montana-North Dakota Reciprocal Agreement.

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.

McCoy v. Travelers Casualty & Surety [02/06/14] 2014 MTWCC 3 Where § 39-71-402, MCA, was amended with an effective date of March 20, 2013, and Petitioner’s industrial injury occurred on April 22, 2013, the Court applied the 2013 version of § 39-71-402, MCA, to her claim, while otherwise applying the 2011 version of the WCA to the case.

[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.