Employment: Course and Scope: Remote Worksite




Holtz v. Indemnity Ins. Co. of North America [04/06/16] 2016 MTWCC 4 Where Petitioner, a flight attendant, suffered an injury while riding a motorcycle during a layover, this Court rejected the argument that her “worksite” consisted of the entire city into which she flew as part of her job duties as a flight attendant.

McCollom v. Montana State Fund [03/02/12] 2012 MTWCC 6 The Court declined to adopt a “remote worksite” rule, finding Petitioner’s situation to be readily distinguishable from the cases in which other jurisdictions have adopted this rule.  The Court noted that Petitioner was not required to reside at the campsite he chose, he did not live on his employer’s premises, and the jobsite was not so remote as to require him to live at the campsite.  Nothing in Petitioner’s job duties required him to camp near the jobsite rather than commute from nearby communities as the majority of his co-workers did.  The Court held that adopting a “remote worksite” rule was not appropriate in this case; Petitioner did not simply ask the Court to adopt the rule as it is applied in other jurisdictions but rather asked the Court to adopt the rule and expand the doctrine beyond the bounds in effect in other jurisdictions.