§ 39-71-508, MCA
MONTANA SUPREME COURT DECISIONS |
State Farm v. Bush Hog, 2009 MT 349, 353 Mont. 173, 219 P.3d 1249 [10/21/09] An uninsured employer may be subject to liability in a damage action brought by the employee or in an action to recover benefits due. The intent behind permitting a damage action, as well as the other civil remedies in § 39-71-508, MCA, was intended, at least in part, to take away incentive from employers not to cover their employees. |
MONTANA WORKERS' COMPENSATION COURT DECISIONS |
| Hilbig v. Uninsured Employers' Fund [02/20/09] 2009 MTWCC 6 Section 39-71-508, MCA, explicitly grants an injured worker the right to pursue concurrent remedies. The Court finds no legal authority for the UEF's contention that it need not pay benefits to which the claimant is otherwise entitled until all of her other remedies are exhausted. |