Remedies: Concurrent Remedies

Benton v. Uninsured Employers' Fund [12/03/09] 2009 MTWCC 37 From the moment a worker is injured in the course and scope of employment, the remedies available to him and the path he follows in seeking redress is determined by whether his employer was properly insured. The distinct process legislatively mandated for insured workers versus uninsured workers leads the Court to conclude that the classes of injured employees at issue in this case are not similarly situated.

Hilbig v. Uninsured Employers' Fund [02/20/09] 2009 MTWCC 6 Section 39-71-508, MCA, explicitly grants an injured worker the right to pursue concurrent remedies. The Court finds no legal authority for the UEF's contention that it need not pay benefits to which the claimant is otherwise entitled until all of her other remedies are exhausted.