Jurisdiction: Rehire Preference

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).

McManus v. UEF [9/22/04] 2004 MTWCC 64 Any action for an employer's failure to honor the two-year rehiring preference specified in section 39-71-317(2), MCA (1999-2003), is against the employer and not against the employer's insurer or the Uninsured Employers' Fund if the employer was uninsured.