Employment: Course and Scope: Courser Criteria

MONTANA SUPREME COURT DECISIONS

 

 
MONTANA WORKERS' COMPENSATION COURT DECISIONS

McCollom v. Montana State Fund [03/02/12] 2012 MTWCC 6 The Court rejected Petitioner’s argument that he was “compelled” to camp near his worksite within the meaning of Courser because his employer did not pay him a per diem.  While Petitioner may have had better options for living quarters if he received a higher wage, most workers could realistically raise the same argument.

McCollom v. Montana State Fund [03/02/12] 2012 MTWCC 6 Where Petitioner’s employer neither asked him to camp near his worksite nor encouraged him to do so, Petitioner was not “compelled” to do so within the meaning of Courser.

McCollom v. Montana State Fund [03/02/12] 2012 MTWCC 6Where the Court did not find Petitioner’s contention that his employer benefitted from Petitioner’s decision to camp near his worksite credible, the Court concluded that Petitioner did not meet this element of Courser.