Uninsured Employers' Fund: Penalty

MONTANA SUPREME COURT DECISIONS

Williams Insulation Co. Inc. v. Department of Labor and Industry, Uninsured Employers' Fund, 2003 MT 72 Where Wyoming workers' compensation coverage did not apply to employees working primarily in Montana, UEF properly assessed penalty against employer for failing to carry workers' compensation insurance.

Auto Parts of Bozeman v. Employment Relations Division, Uninsured Employer's Fund, 2001 MT 72. Supreme Court decision. UEF may assess penalty against employer for failing to carry workers' compensation insurance based on insurance company's report that policy was not in effect, without inquiring into employer's allegation that insurer improperly cancelled policy. That dispute must be resolved in district court. WCC reversed.

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Pekus v. UEF [4/25/03] 2003 MTWCC 33 The UEF is not an insurer under section 39-71-2907, MCA (2001), and is not subject to a penalty.

Williams Insulation Co. v. DLI/UEF [6/7/02] 2002 MTWCC 33 Employer engaged in construction industry which fails to procure Montana workers' compensation insurance coverage is subject to the statutory penalty provided in section39-71-504(1)(a), MCA (1997). Williams Insulation Co. Inc. v. Department of Labor and Industry, Uninsured Employers' Fund, 2003 MT 72