Employers: Relationship Test: Furnishing of Equipment

Howe v. UEF [07/07/06] 2006 MTWCC 27 An employment relationship almost invariably exists where the purported employer has furnished valuable equipment. American Agrijusters Co. v. Montana Dept. of Labor and Indus., 1999 MT 241, ¶ 33, 296 Mont. 176, 988 P.2d 782. Where the contractor parked his tool trailer on the job site and the claimant used tools supplied by the contractor throughout the week he worked on the job site, although claimant may have also used some tools belonging to the contractor’s brother, the evidence supports a determination that the claimant was the contractor’s employee.