Trevino v. Montana State Fund [03/29/13] 2013 MTWCC 10 As the non-moving party, Petitioner was entitled to the reasonable inference that one of the possible explanations for her time-of-injury employer’s refusal to give Petitioner her time-of-injury job back was because her employer believed she could no longer perform it.  This inference raises a question of fact and summary judgment is therefore inappropriate in this case.

McCone County v. State of Montana, WC Regulation Bureau, Independent Contractor Central Unit, In Re Johnson [06/19/12] 2012 MTWCC 19 Where the dispute is purely an issue of law and no issues of material fact remain, it is appropriate to grant summary judgment to the non-moving party if that party is entitled to judgment as a matter of law; generally, no formal cross-motion is required.