Montana Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of Montana or Court of Appeals of Montana where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Oswald v. Horizon CMS Healthcare Corp. - 3/10/2003
ORDER DENYING CROSS-PETITIONS FOR REHEARING
Both claimant and respondent are unhappy with the Court's decision and have filed motions for rehearing which are really nothing more than requests for reconsideration.
...
Conoco - 3/5/2003
DECISION AND SUMMARY JUDGMENT
Summary: Claimant, Tom Fugere (Fugere), was injured at Conoco's Billings, Montana refinery while working for Williams Insulation Company ("WIC" or "Williams"), a Conoco subcontractor hired to install...
Montana State Fund v. R.B. - 2/26/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter began on December 3, 2002, in Billings, Montana. It continued in Miles City, Montana on December 4, 2002. Respondent, R.B. (claimant), was represented...
Bustell v. AIG Claims Services - 2/26/2003
DECISION AND ORDER REGARDING DOMICILIARY CARE AND OTHER BENEFITS
Petitioner (claimant) is a quadriplegic as a result of a motor vehicle accident she suffered while driving for J-TABS. The Court has previously resolved liability...
Bustell v. AIG Claims Service - 2/26/2003
ORDER FOR HEARING ON ATTORNEY FEE REQUEST
Petitioner has requested an evidentiary hearing with respect to her request for attorney fees. Respondent objects to the request on the grounds it is untimely and without good cause....
Montana Contractor Compensation Fund v. Liberty Northwest Insurance Corporation - 2/19/2003
The issue in this case is which of two insurers is liable for the claimant's current low-back condition. Montana Contractor Compensation Fund (MCCF) moves for summary judgment on the merits of the case.
Summary Judgment - Issue...
Hand v. Uninsured Employers' Fund - 2/13/2003
ORDER DENYING MOTION FOR RECONSIDERATION
The matter before the Court is petitioner's Petition for Rehearing and For Amendment of Findings of Fact, Conclusions of Law, and Judgment.
Discussion
In the Findings of...
Miller v. Liberty Mutual Fire Insurance Company - 2/7/2003
ORDER ON MOTIONS
This is a Broeker case involving Liberty's inclusion of cost-of-living adjustments in the social security rate it used in computing the social security offset to claimant's total disability benefits. Claimant...
Uninsured Employers' Fund v. Mackey - 1/31/2003
ORDER DENYING MOTION TO DISMISS
The Uninsured Employers' Fund (UEF) petitioned this Court to enforce the claimant's agreement, the validity of which is not disputed, to pay the UEF one-third of any recovery from the unemployed...
Hernandez v. National Union Fire Insurance Company of Pittsburgh - 1/31/2003
PUBLICATION OF RULING REGARDING INSURERS' DUTIES
In light of interest expressed in a bench ruling made by the Court on October 28, 1997, concerning the duties of insurers, and the Court's proposed rule to delete the employer...
State v. Shook - 12/30/2002
Submitted on Briefs: October 4, 2001
Appellant Sandra White Shook (Shook) appeals an order of the Twentieth Judicial District Court, Sanders County, denying her motion to dismiss the charge against her and upholding the Montana...
Burton v. ARCO - 12/20/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
At the suggestion of the Court following the filing and briefing of a motion for summary judgment, this matter is submitted to the Court based upon depositions and exhibits. The...
Geiger v. Uninsured Employers' Fund - 12/20/2002
Submitted on Briefs: June 27, 2002
Appellant Joseph Geiger (Geiger) appeals from the Workers' Compensation Court's judgment dated August 22, 2001, where the Workers' Compensation Court ruled that Geiger was not an employee at...
Hanks v. Liberty Northwest Insurance Corp. - 12/20/2002
Submitted on Briefs: August 8, 2002
Appellant Edna Hanks (Hanks), appeals the Workers' Compensation Court's dismissal of her workers' compensation claim with prejudice. We affirm.
The sole issue on appeal is whether the...
Art v. Montana Department of Labor and Industry ex rel Mason - 12/19/2002
Submitted on Briefs: December 13, 2001
Eve Art appeals the dismissal of her petition for judicial review of the determination of the Department of Labor and Industry that she owes a domestic worker unpaid overtime wages. The...
Carbery v. Tundra Holdings - 12/12/2002
Submitted on Briefs: May 23, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with...
In re Montana State Fund - 12/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on December 4, 2002, in Miles City, Montana. Petitioner, Montana State Fund, was represented by Mr. Thomas E. Martello. Respondent, Leslie...
State v. Welling - 12/12/2002
Submitted on Briefs: October 10, 2002
On January 14, 1991, the Defendant, Linda Welling, pled guilty to issuing a bad check (common scheme) in violation of §§ 45-6-316, MCA (1989), and on February 13, 1991, received a five-year...
Ruhd v. Liberty Northwest Insurance Corporation - 12/10/2002
Submitted on Briefs: November 7, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...
In re Marriage of Hayes - 12/10/2002
Submitted on Briefs: May 23, 2002
The Petitioner, Eileen Hayes, n/k/a Eileen Larkin, appeals from an Order issued by the District Court for the Fourth Judicial District in Missoula County which distributed the marital estate...
Reidelbach v. Burlington Northern and Santa Fe Railway Company - 12/10/2002
Submitted on Briefs: September 5, 2002
Robert Reidelbach (Reidelbach) appeals the Order of the Montana Eighth Judicial District Court dismissing various counts of his complaint against Burlington Northern and Santa Fe Railway...
Oswald v. Horizon CMS Healthcare Corporation - 12/6/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on October 30, 2002, in Helena, Montana. Petitioner, Kate J. Oswald (claimant), was present and represented by Mr. Bernard J. Everett....
Flynn v. State Compensation Insurance Fund - 12/5/2002
Submitted on Briefs: January 17, 2002
The Claimant, Robert Flynn, filed a petition in the Workers' Compensation Court for the State of Montana in which he alleged that the Respondent, State Compensation Insurance Fund, should...
Montana Health Network v. Graham - 12/5/2002
ORDER FOR SECTION 39-71-610, MCA, BENEFITS
This is an appeal from an Order of the Department of Labor and Industry directing the Montana Health Network Workers' Compensation Trust to reinstate claimant's temporary total...
Galetti v. Montana Power Co. - 12/3/2002
JUDGMENT FOR ATTORNEY FEES
The claimant in this matter is seeking attorney fees. There is no dispute that fees are due, however, claimant seeks fees not only with respect to the compensation benefits he was awarded, but also...
Gonzales v. Walchuk - 11/26/2002
Submitted on Briefs: June 13, 2002
On summary judgment, the Twentieth Judicial District Court, Sanders County, concluded as a matter of law that a Certificate of Independent Contractor Exemption issued by the Montana Department...
McGinnis v. City of East Helena - 11/21/2002
Submitted on Briefs: July 26, 2001
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...
Jordan v. Liberty Northwest Insurance Corporation - 11/19/2002
Having considered the Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the deposition, and exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF...
McCoy v. Benefis Healthcare - 11/19/2002
DECISION AND JUDGMENT
This matter is submitted for decision based upon the allegations in the petition. The allegations were admitted by respondent and the only issues are legal ones.
Facts
The claimant is the...
Hampson v. Liberty Northwest Insurance Corporation - 11/18/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on October 22, 2002, in Missoula, Montana. Petitioner, John Michael Hampson (claimant), was present and represented by Ms. Sydney E. McKenna....
Edmundson v. Liberty Mutual Fire Insurance Company - 11/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on August 29, 2002, in Kalispell, Montana. Petitioner, Mark Edmundson (claimant), was present and represented by Mr. Garry D. Seaman....
Kendall v. St. Regis Paper Company - 11/6/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Missoula, Montana on June 26, 2002. Edwin Kendall (claimant), was present and represented by Ms. Laurie Wallace. Respondent, St. Regis Paper...
Smith v. Liberty Mutual Fire Insurance Company - 10/31/2002
ORDER DENYING SUMMARY JUDGMENT
This is an accepted liability case, however, the respondent/insurer now denies liability on the ground that both parties were mistaken about the nature and cause of the claimant's shoulder...
Burgan v. Liberty Northwest Insurance Corporation - 8/29/2002
ORDER DENYING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT
On April 26, 2002, this Court received a Stipulation for Entry of Judgment signed by the attorneys for both parties, as well as the claimant individually. The...
Churchill v. Zurich American Insurance Co. - 8/22/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on July 1, 2002, in Billings, Montana. Petitioner, Michael Churchill (claimant), was present and represented by Mr. R. Russell Plath....
American Home Assurance Co. v. Thunstrom - 8/8/2002
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Summary: Insurer moves for summary judgment directing claimant to submit to an out-of-state independent medical examination (IME).
Held: Insurer is not entitled to an order for an...
Dunn v. Indemnity Insurance Company of North America - 8/8/2002
ORDER DENYING MOTION TO DISMISS PPD CLAIM
Summary: Insurer moves to dismiss permanent partial disability claim for failure to specifically mediate that issue.
Held: Insurer is not entitled to dismissal of permanent partial...
Greene v. Uninsured Employers' Fund - 8/7/2002
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT
The petitioner (claimant) moves for partial summary judgment requiring the Uninsured Employers' Fund (UEF) to pay him temporary total disability (TTD) benefits. The motion is...
Spain v. Montana Dept. of Revenue - 6/27/2002
Submitted on Briefs: February 14, 2002
Steven W. Spain, individually and doing business as Northwest Rocky Mountain Construction, Inc. (collectively Northwest), and Kenneth D. Ehret, individually and doing business as KDE...
Schimmel v. Uninsured Employers' Fund - 6/24/2002
JUDGMENT UPON REMAND
This matter is now ripe for entry of final judgment upon remand from the Montana Supreme Court. In accordance with the decision of that Court, Judgment is hereby entered as follows:
On November 8,...
Rice v. State - 6/12/2002
STATEMENT OF THE ISSUE
I. Did the Board of Labor Appeals (Board) correctly interpret and apply § 39-51-2302, MCA?
STATEMENT OF THE CASE
On or about June 12, 2001, Darren Rice filed a claim for unemployment benefits....
Thompson v. Liberty Northwest Insurance Corporation - 6/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on February 28, 2002, in Missoula, Montana. Petitioner, Lennie J. Thompson (claimant), was present and represented himself. Respondent, Liberty...
MacNeeley v. Everest National Insurance Company - 6/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on April 3, 2002, in Great Falls, Montana. Petitioner, Herbert MacNeeley (claimant), was present and represented by Ms. Charla K. Tadlock....
Fliehler v. Uninsured Employers Fund - 6/11/2002
Submitted on Briefs: February 21, 2002
Richard Fliehler filed a claim with the Uninsured Employers' Fund (the "UEF"), which denied the claim. Fliehler then filed a Petition for Trial in the Workers' Compensation Court (the...
Williams Insulation Company - 6/7/2002
DECISION ON APPEAL
This case is on appeal from a decision of the Department of Labor and Industry (Department) assessing a penalty of $94,484.86 against the appellant, Williams Insulation Company, Incorporated (Williams). The...
Travelers Property Casualty v. Martini - 6/6/2002
DECISION ON APPEAL
This is an appeal from a Department of Labor and Industry decision finding Travelers Property Casualty (Travelers) liable for medical services provided by a nurse practitioner employed and working under...
In re Abfalder - 5/30/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Billings, Montana on November 27, 2001. Michael Abfalder (claimant), was present and represented by Mr. Victor R. Halverson. Travelers...
Total Mechanical Heating & Air Conditioning v. Employment Relations Division - 3/26/2002
APPEAL FROM: Workers’ Compensation Court In and for the State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: September 27, 2001
On June 26, 2000, the Workers' Compensation Court of the State...
Hanks v. Liberty Northwest Insurance Corporation - 3/22/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: Claimant injured her back at work but did not report the injury to her employer for more than 60 days after it occurred. The insurer denied liability for failure to...
Borglum v. Hartford Insurance Company of the Midwest - 3/12/2002
DECISION AND JUDGMENT
Summary: The decedent in this matter was killed in a motorcycle accident while traveling to work at Big Sky, Montana. The parties agree that his travel was "necessitated by and on behalf of the employer as...
Shortman v. State Compensation Insurance Fund - 3/12/2002
ORDER REGARDING PAYMENT OF DEATH BENEFITS
Summary: The insurer paying death benefits to the mother and spouse of a deceased worker requests a determination whether all death benefits should continue to be paid to the mother upon...
Emineth v. Travelers Insurance - 3/8/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: Claimant was injured in a work-related automobile accident and suffered a broken shoulder and a brief period of unconsciousness. The insurer accepted liability and paid...
Lindeman v. Connecticut Indemnity Co. - 3/8/2002
ORDER ON COSTS
Summary: Claimant submitted application for taxation of costs including costs of obtaining copies of the depositions of two doctors and of claimant. The depositions of the doctors were taken by respondent and...
Watkins v. State Compensation Insurance Fund - 2/22/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: Claimant seeks medical and compensation benefits with respect to knee replacement surgery, arguing in the alternative that the surgery is related to a 1997 injury or to...
Preston v. Transportation Insurance Co. - 2/13/2002
ORDER ON MOTION FOR SUMMARY JUDGMENT
Summary: Insurer moved for summary judgment, arguing petition to reopen settlement agreement on ground of mutual mistake of fact was barred by two-year statute of limitations set out in...
Wild v. State Compensation Insurance Fund - 2/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary:
Claimant, who had worked for many years as an independent roofing contractor, went to work for another roofing company but arranged with the company to work as an...
Roland v. Liberty Northwest Insurance Corp. - 2/8/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: Claimant was one of several employees of a construction company crew working on building a house for the company's owner. The company owner gave permission to an adjacent...
Bauer v. C.N.A. Commercial Insurance - 2/8/2002
ORDER DENYING MOTION FOR RECONSIDERATION
Summary: Petitioner moves for reconsideration of a summary judgment. The respondent urges that the motion is untimely and without merit.
Held: The motion is timely, however, it...
Crawford v. Liberty Northwest Insurance Corp. - 2/6/2002
ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT
Before the Court are cross-motions for summary judgment. The matter in dispute is whether the insurer is entitled to a credit for monies paid claimant under a rescinded...
Mathews v. Liberty Northwest Insurance Corporation - 2/1/2002
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...
Davis v. Credit General Insurance Co. - 1/29/2002
UNPUBLISHED
APPEAL FROM: Montana Workers' Compensation Court The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: August 16, 2001
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996...
State v. Brister - 1/29/2002
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marge Johnson, Judge presiding.
Submitted on Briefs: January 17, 2002
In July 1984, Dennis Brister (Brister) was...
Vortex Fishing Systems - 12/31/2001
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Dorothy McCarter, Judge presiding.
Submitted on Briefs: October 4, 2001
The Plaintiff, Vortex Fishing...
Romero v. Liberty Mutual Fire Insurance Company - 12/28/2001
UNPUBLISHED
APPEAL FROM: Montana Workers' Compensation Court, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: October 11, 2001
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996...
Firestone v. Oasis Telecommunications - 12/27/2001
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding.
Submitted on Briefs: September 20, 2001
Plaintiff, LoWanna J. Firestone,...
Olson v. Daughenbaugh - 12/20/2001
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, Honorable Michael C. Prezeau, Judge Presiding
Submitted on Briefs: August 9, 2001
Steve Daughenbaugh (Daughenbaugh) appeals...
Schimmel v. Montana Uninsured Employers Fund - 12/19/2001
APPEAL FROM: Montana Workers' Compensation Court The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: January 18, 2001
Arthur Schimmel appeals from the Findings of Fact, Conclusions of Law and Judgment issued...
Hiett v. Montana Schools Group Insurance Authority - 12/19/2001
ORDER DENYING MOTION FOR RECONSIDERATION
Summary:
Claimant moves for reconsideration of the Court's decision denying her request for medical benefits.
Held:
The request is denied. The Court's original decision...
Cheetham v. Liberty Northwest Insurance Corporation - 12/18/2001
DECISION AND JUDGMENT
Summary:
Claimant suffered a work-related aortic dissection on August 7, 1996. The insurer denied liability, however, this Court found it liable in a previous decision dated June 11, 1997. Cheetham v....
Stacy v. Plum Creek NW Lumber - 12/14/2001
ORDER DENYING INDEPENDENT MEDICAL EXAMINATION
Summary: Insurer seeks an order for a second IME based upon the possible impeachment of its first IME physician. The potential impeachment is the result of communications between the...
Chapel v. Maco Workers ' Compensation Trust - 12/14/2001
SUMMARY JUDGMENT
Summary: Petitioner, a volunteer ambulance worker, seeks temporary total disability benefits based on his hours of volunteer work and the state's average weekly wage.
Held: Petitioner is not entitled to...
Daulton v. MHA Workers ' Compensation Trust - 12/9/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary of Case: Claimant, a registered nurse, suffers from an occupational disease involving both of her shoulders and cannot return to her time-of-injury job. However, she was...
Householder v. Republic Indemnity Company of California - 12/5/2001
ORDER REGARDING EXPERT WITNESS
Summary:
Claimant's attorney sought access to the employer's premises for the purpose of taking measurements to be used by his expert witness. Instead of contacting opposing counsel he went to...
State v. Ford - 11/20/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas McKittrick, Judge presiding.
Heard: July 24, 2001
Submitted: August 9, 2001
On November 12, 1999, a...
Bentz v. Liberty Northwest - 11/19/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary:
Claimant was hired as a sales and customer service representative for a printing company. He was originally paid a salary, expenses, and a commission but thereafter...
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