Jurisdiction: Montana Employment

RAM Montana, Inc. v. ICCU/UEF [2/20/04] 2004 MTWCC 13 Contractor with Montana offices and other Montana contacts who used Montana workers on temporary jobs throughout the United States, and who mustered those workers in Montana and transported them to and from Montana to their temporary jobs, was required to provide its Montana workers with workers' compensation insurance coverage. Failure to do so subjects it to penalties under section 39-71-504, MCA.

Bustell v. Ins. Co. Of PA [5/15/02] 2002 MTWCC 26 Under the 1999 Montana Workers' Compensation Act, where an interstate trucking firm hires a Montana resident who operates out of Montana for interstate driving, including driving in Montana, and the driver is injured in another state, the Montana Workers' Compensation Act is applicable to the claim. §§ 39-71-118(1) and -117(4), MCA (1999).

Sandoval v. UEF and Donald W. Jacklin [5/6/99] 1999 MTWCC 33 As set out in the Court's prior order in this case, for Montana workers' compensation requirements to apply, Jacklin must have either primarily controlled Sandoval's activities from Montana or Sandoval's duties must have been primarily carried out within Montana. The evidence is undisputed that mule owner, who hired claimant to race his mules, remained in Idaho. Owner submitted as "undisputed facts" a racing schedule for 1995, showing no races took place in Montana, meaning none of the summer 1995 work was to occur in Montana. Claimant responded by affidavit stating his "understanding" that some races would have occurred in Montana. Jacklin responded with an affidavit of the Executive Secretary for the Montana Board of Horse Racing stating that "no mule racing has occurred in Montana since 1994." Claimant did not dispute this affidavit. Summary judgment granted because conclusory or speculative statements such as an "understanding" do not contradict facts stated in affidavits or sworn testimony.

Fliehler v. UEF [6/01/01] 2001 MTWCC 29 Where the employer operates from Montana, employs Montana workers, directs his workers to out-of-state jobs from Montana, transports those workers from Montana to job sites in other states, transports the workers back to Montana after most jobs, pays the workers in Montana by checks drawn on a Montana bank, the employer is a Montana employer and his employees are Montana employees subject to Montana jurisdiction and laws.