Independent Contractor: Presumption

Feather v. UEF [03/28/05] 2005 MTWCC 15 A person working for another is presumed to be an employee. The presumption, however, may be rebutted by evidence demonstrating that the hiring party does not exercise or have a right of control over the work involved and the party hired is engaged in an independently established trade, occupation, profession, or business. § 39-71-120, MCA (2003).