39-71-411, MCA

MONTANA SUPREME COURT DECISIONS

Harris v. State, Dep't of Corrections [01/29/13] 2013 MT 16 The employer’s knowledge that the possibility of serious injury existed from voluntarily tasering the claimant as part of his SWAT training was insufficient to show an intentional and deliberate act by his employer.  A chance of injury is not the same as a deliberate act to injure under § 39-71-413, MCA, and a risk of injury does not establish actual knowledge of certain injury as required by the statute.  Claimant’s suit is therefore barred by the exclusive remedy provision of the WCA, § 39-71-411, MCA.

Walters v. Flathead Concrete Products, Inc. [03/16/11] 2011 MT 45 The quid pro quo upon which the exclusive remedy of the WCA is premised applies whenever an injury is covered and compensable under the WCA, regardless of whether the quid pro quo is fair and balanced.

[1995] Okuly v. USF&G Insurance Company, 2003 MT 291 Following Hubbel v. Western Fire Ins. Co., 218 Mont. 21, 706 P.1d 111 (1985), and relying on section 39-71-411, MCA, the Montana Supreme Court held that the Workers’ Compensation Act provided the exclusive remedy for the heirs and personal representatives of decedent, who was killed in an automobile accident in a car driven by a co-employee in the course and scope of employment. Recovery was not permitted under the uninsured motorist provision of the employer’s general liability policy.

 
WORKERS' COMPENSATION COURT DECISIONS