Remedies: Uninsured Employers

MONTANA SUPREME COURT DECISIONS
State Farm v. Bush Hog, 2009 MT 349, 353 Mont. 173, 219 P.3d 1249 [10/21/09] The right of subrogation is accorded to an “insurer,” as defined in the WCA.  Since an uninsured employer is not an “insurer,” he has no statutory right of subrogation.  The only relief provided to the uninsured employer under the WCA is that “[a]ny actual monetary compensation received by judgment or settlement by the injured employee or the employee’s beneficiaries under 39-71-509 or 39-71-515 may be offset by the uninsured employer against the employer’s remaining liability under those sections,” as set forth in § 39-71-518, MCA.
 
MONTANA WORKERS' COMPENSATION COURT DECISIONS