Employment: Course and Scope: Assaults

Baarson v. Montana State Fund [8/16/04] 2004 MTWCC 60 Assaults and murders at work are not compensable where they are motivated by personal animosity not related to the employment and the employment does not increase the risk of assault or murder. Assaults and murders at work are not compensable where they are motivated by personal animosity not related to the employment and the employment does not increase the risk of assault or murder.

Baarson v. Montana State Fund [8/16/04] 2004 MTWCC 60 Where an employee is murdered at work by her estranged husband with a history of assaultive behavior and who has a restraining order against him, the murder is not compensable unless the employer has taken actions which increase the risk of murder. An employer's affirmative actions taken to reduce the threat of assault do not create a duty to maintain those protections and the eliminations of the protections do not increase the inherent risk.