Employment: Rehire Preference

Burns v. Flathead County [07/11/08] 2008 MTWCC 37 Where Petitioner’s professional career was spent working as a heavy equipment mechanic since 1981, and his ability to operate heavy equipment for the limited purposes of diagnosing and repairing mechanical problems does not necessarily translate into a vocational ability consistent with the specialized operation of this equipment in bridge construction, and where Petitioner possessed limited knowledge and experience working with concrete as required by the bridge equipment operator position, the Court concludes he is not entitled to a hiring preference for this position pursuant to § 39-71-317(2), MCA.
Sizemore v. Copper King [02/01/08] 2008 MTWCC 8 An employee’s rehiring preference lies with her employer at the time the injury occurred, and not with a subsequent employer who purchased the business after the date of injury.

McManus v. UEF [9/22/04] 2004 MTWCC 64 An employer must give an injured worker a two-year rehiring preference for any job opening occurring within two years of the worker's industrial accident if the worker is qualified for and able to perform the job. An employer is liable for damages for any failure to give the worker a preference as required and the Workers' Compensation Court has jurisdiction over such action. § 39-71-317, MCA (1999-2003).