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Mathews v. Liberty Northwest Insurance Corporation2/1/2002
SUMMARY JUDGMENT
Summary:
Insurer seeks summary judgment where at the time of his industrial injury the claimant had an independent contractor exemption covering the type of work he was doing.
Held:
The claim is barred by section 39-71-401(3)(c), MCA (1999), which provides that a worker with an independent contractor exemption is precluded from receiving workers' compensation benefits
Topics:
Independent Contractor: Independent Contractor Exemption. Where claimant had a valid independent contractor exemption, provided a copy of the exemption to the contractor for whom he was working, and understood he was working as an independent contractor, he is barred from claiming worker's compensation benefits from the employing contractor's insurer.
Constitutions, Statutes, Regulations and Rules: Montana Code Annotated: section 39-71-401(3)(c), MCA (1997). Where claimant had a valid independent contractor exemption, provided a copy of the exemption to the contractor for whom he was working, and understood he was working as an independent contractor, he is barred from claiming worker's compensation benefits from the employing contractor's insurer.
The petitioner, Mark Mathews (Mathews), filed a petition seeking workers' compensation benefits with respect to an accident occurring on June 8, 2000, while working for BJS Construction, Incorporated (BJS). Liberty Northwest Insurance Corporation (Liberty), which insured BJS at the time of the accident, moves for summary judgment on the ground that at the time the claimant was injured he had a valid independent contractor certificate which is conclusive as to his employment status and precludes his now claiming that he was a covered employee. ยง 39-71-401(3)(c), MCA 1999; Bouldin v. Uninsured Employers' Fund, WCC No. 9704-7742, Decision and Judgment (October 22, 1997); American Seamless Raingutters v. Independent Contractors Central, 2001 MTWCC 4.
Uncontroverted Facts
The following facts appear from the pleadings, depositions and deposition exhibits, and affidavits. The facts as set forth below are uncontroverted:
a On June 8, 2000, claimant was working as a carpenter helping frame a building on a construction project of BSJ. (Mathews Dep. Ex. 12.)
b BJS is a general contractor which primarily contracts for the framing of buildings. (Shroeder Dep. at 5.)
c On June 8, 2000, claimant was applying plywood sheeting to the roof when he fell off the roof and broke his left leg. (Mathews Dep. at 22-23; Mathews Dep. Ex. 12.)
d BJS was insured by Liberty at the time of the claimant's accident. (Petition for Hearing and Response to Petition for Hearing.)
e On July 14, 2000, Mathews filed a claim for compensation. ( Mathews Dep. Ex. 12.)
f On August 4, 2000, Liberty wrote claimant a letter stating it was accepting liability for the claim. (Mathews Dep. Ex. 14.)
g On August 11, 2000, Liberty again wrote to claimant, this time advising him that it had "completed our investigation of your claim" and was denying the claim because he was an independent contractor. (Mathews Dep. Ex. 15.)
h In fact, claimant had an Independent Contractor (IC) Exemption on the date of his accident. He applied for the exemption on December 31, 1997. (Mathews Dep. Ex. 1; Connor Dep. Ex. 1.) In conjunction with his application, he filed an affidavit, made under oath, certifying that his occupation was "carpentry" and that he worked as an independent contractor. (Id.) His affidavit specifically acknowledged, "I am not eligilble for workers' compensation bene
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