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. |