Agency: Actual

Morse v. Liberty Northwest Ins. Corp. [07/10/12] 2012 MTWCC 24 The Court rejected Respondent’s argument that it should be held harmless for the employer’s mistake in misplacing Petitioner’s injury report after the employer had agreed to accept such reports on Respondent’s behalf.  When Petitioner reported his industrial accident to his employer and the employer accepted the report, the employer acted on behalf of Respondent and Petitioner therefore satisfied his reporting obligations.

Morse v. Liberty Northwest Ins. Corp. [05/03/12] 2012 MTWCC 16 Where Petitioner’s employer accepted the responsibility for injury reporting and claims filing, it acted as Respondent’s agent.  The employer’s conduct lulled Petitioner into a false sense of security; its conduct is imputed to Respondent.

Zahn v. Town Pump, Inc./Employers Insurance of Wausau Mutual Company [09/05/06] 2006 MTWCC 30 A self-insured employer who retains a third-party administrator to adjust a workers’ compensation claim enters into an agency relationship with the third-party administrator.