Benefits: Union Strikes

Harry Darrah v. Asarco, Inc. [3/8/00] 2000 MTWCC 12. Claimant did not requalify for TTD benefits under 39-71-701(4), MCA (1997) on the argument his job was no longer available to him during a strike called by his union where evidence indicated he refused to cross picket lines, not that work was "no longer available" to him because job offered was illusory or was different job which would have exceeded his physical restrictions.

Harry Darrah v. Asarco, Inc. [3/8/00] 1999 MTWCC 65 Claimant demanded reinstatement of TTD benefits under 39-71-701(4) with the theory that work was "no longer available" to him during a strike called by his union. Respondent moved for summary judgment on the argument that work was available, but claimant simply refused to cross the picket line. Claimant responded that work is "no longer available" to a union employee during a strike because crossing a picket line is not an option. WCC held that claimant's personal, social, and philosophical reasons for refusing to cross a picket line do not make the work "no longer available." However, trial was necessary because the record and offers of proof did not rule out the possibility that the job offered claimant during the strike was illusory or would have exceeded his physical restrictions.