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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Geiger v. Uninsured Employers' Fund - 11/19/2001
ORDER DENYING MOTION FOR RECONSIDERATION
Petitioner (claimant) has requested reconsideration of the Court's Findings of Fact, Conclusions of Law and Judgment. The Motion for Reconsideration also serves as claimant's supporting...
Liberty Mutual Fire Insurance Co. v. Griner - 11/9/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary
Claimant suffered a work-related, right-sided L5-S1 herniated disk in 1995. He underwent a microdiskectomy, reached maximum medical healing (MMI) following the...
Aaby v. Montana Municipal Insurance Authority - 11/5/2001
ORDER DENYING MOTION FOR SUMMARY JUDGMENTON CLAIM OF REBEKAH GLASSCOCK AND SETTING HEARING ON DEFAULT OF CORRIENNA P. KING
Summary:
A petition for death benefits was filed on behalf of the decedent's daughter, Rebekah...
Schmill v. Liberty Northwest Insurance Corp. - 9/20/2001
ORDER GRANTING STAY OF JUDGMENT AND WAIVING BOND
Pursuant to section 39-71-2910(2), MCA, and finding good cause, this Court ORDERS that the judgment in this matter, and any execution thereon, are hereby stayed pending...
Whitlock v. Fremont Industrial Indemnity Co. - 9/20/2001
ORDER ON MOTION TO COMPEL
Summary: Claimant alleges three sequential injuries during the fall of 2000 and, in the alternative, an occupational disease. The insurer denies liability for the first two injuries based on a failure to...
Swartz v. State Compensation Insurance Fund - 8/28/2001
SUMMARY JUDGMENT
Summary: Claimant, who is permanently totally disabled, was told by the State Fund that she is entitled to a 20% impairment award. Later on the State Fund reneged and asserted that impairment awards are not...
Petersen v. Liberty Mutual Fire Insurance Co. - 8/28/2001
Submitted: March 30, 2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Missoula, Montana, on January 19, 2001. The parties requested and were provided an opportunity to file...
Black v. MDMC/Benefis Healthcare - 8/24/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary:
Claimant was 64 years of age when she was injured at work. She returned to a modified job but that job was then eliminated. By that time she was 65. She has been...
Kellberg v. Liberty Northwest Insurance Corporation - 8/24/2001
As amended November 15, 2001. Respondent's post-trial motions are denied.
RICHARD KELLBERG PETITIONER v. LIBERTY NORTHWEST INSURANCE CORPORATION RESPONDENT/INSURER FOR TIMBERWELD MANUFACTURING EMPLOYER
The opinion of the...
State Compensation Insurance Fund v. McMillan - 8/23/2001
APPEAL FROM: The Workers' Compensation Court of the State of Montana Honorable Mike McCarter, Judge Presiding
Submitted on Briefs: April 5, 2001
The Montana State Compensation Insurance Fund (State Fund) appeals from an...
Geiger v. Uninsured Employers' Fund - 8/22/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: Claimant, a truck driver, seeks workers' compensation benefits from the Uninsured Employers' Fund (UEF), alleging he was employed by David Deckert (Deckert), who operates...
Davis v. Insurance Company of the State of Pennsylvania - 8/20/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: While working in the stationary department at Wal-Mart, claimant was injured when a paper shredder fell and struck the left side of her head. A CT head scan taken that...
Stavenjord v. State Compensation Insurance Fund - 8/16/2001
ORDER GRANTING STAY OF JUDGMENT AND WAIVING BOND
Pursuant to section 39-71-2910(2), MCA, and finding good cause, this Court ORDERS that the judgment in this matter, and any execution thereon, are hereby stayed pending...
LaFournaise v. State Compensation Insurance Fund - 8/13/2001
ORDER REMANDING FOR FURTHER PROCEEDINGS
This is an appeal from a determination by a Department of Labor and Industry hearing officer that claimant does not suffer from an occupational disease. The case was submitted to the...
Campbell v. Mahoney - 8/7/2001
OPINION AND ORDER
This matter comes before the Court on a petition for a writ of habeas corpus. The petitioner, Les Campbell (Campbell), a prisoner at the Montana State Prison, argues that the Department of Corrections has...
Householder v. Republic Indemnity Company of California - 8/6/2001
ORDER DISAPPROVING PROPOSED SETTLEMENT
Summary:
The insurer denied liability for a dissecting aorta which manifested itself at work. Claimant petitioned the Court and the parties thereafter reached a settlement agreement...
Daulton v. MHA Workers ' Compensation Trust - 8/3/2001
ORDER DENYING MOTION FOR RECONSIDERATION
Claimant moves for reconsideration of the Court's decision denying her petition for reinstatement of temporary total disability benefits. In light of the lack of merit of her arguments,...
Schmill v. Liberty Northwest Insurance Corp. - 6/22/2001
DECISION AND JUDGMENT
Case summary: Claimant suffers from an occupational disease. Even though the Occupational Disease Act (ODA) makes no provision for impairment awards, she filed a petition alleging that she is entitled to...
Siegler v. Liberty Insurance Corp. - 6/22/2001
ORDER DENYING MOTION TO AMEND
Summary of Case: Respondent insurer moved to amend findings of fact and conclusions of law previously made by the Court, arguing that the Court misconstrued and misapplied the "actual wage loss"...
Edgar v. Legion Insurance Co. - 6/19/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary of Case: Claimant injured her back in 1993 while working as a personal care attendant and returned to that line of work in 1994 even though restricted to light-duty...
Schneider v. Liberty Northwest Insurance Corp. - 6/19/2001
ORDER DENYING MOTION TO AMEND OR RECONSIDER
Summary of Case: The insurer in this case accepted liability for a claim but later cut off benefits. Claimant petitioned for reinstatement of benefits. Although the insurer urged in its...
Liberty Northwest Insurance Corp. v. State Compensation Insurance Fund - 6/11/2001
ORDER DENYING REQUEST TO QUASH DEPOSITIONS BUT LIMITING DOCUMENTS' SUBPOENA
Summary: The present action involves a dispute between two insurers as to liability for claimant's current condition. State Fund insured claimant's...
Great Falls Public Schools v. Johnson - 6/7/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Kenneth R. Neill, Judge presiding.
Argued: January 16, 2001
Submitted: January 21, 2001
The Appellant, Les...
Wiard v. Liberty Northwest Insurance Corp. - 6/6/2001
PARTIAL SUMMARY JUDGMENT
The claimant in this matter suffered an industrial injury of his neck on August 5, 1992, while employed by DAW Forest Products (DAW). At the time of his injury, DAW was insured by Liberty Northwest...
Fliehler v. Uninsured Employers' Fund - 6/1/2001
As amended July 9, 2001.
RICHARD FLIEHLER PETITIONER v. UNINSURED EMPLOYERS' FUND RESPONDENT GREG CASEY/THE RESTAURANT INSTALLATION COMPANY EMPLOYER.
The opinion of the court was delivered by: Mike McCarter Judge ...
Brodie v. Liberty Northwest Insurance Corporation - 6/1/2001
DECISION AND JUDGMENT
Summary: Claimant worked as a seasonal housekeeper at Big Sky for several years. Her employment was terminated at the end of each season. She was a good employee and was rehired for successive seasons,...
Loop v. Mid-Century Insurance Company - 5/30/2001
ORDER RESCINDING EMERGENCY TRIAL SETTING
At the request of the petitioner, this Court set the trial of this matter on an emergency basis. Mid-Century, which is one of the two insurers named as respondents, requests...
Delaney v. Hartford Accident & Indemnity Co. - 3/1/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 13, 2000, in Helena, Montana. Petitioner, Eric Delaney (claimant), was present and represented by Ms. Anna M. Bidegaray and Mr....
Young v. Community Hospital and Nursing Home of Anaconda - 2/22/2001
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge, The Honorable Ted L. Mizner, Judge presiding.
Submitted on Briefs: January 11, 2001
Pursuant to Section I, Paragraph 3(c),...
Rollins v. Liberty Northwest Insurance - 2/15/2001
APPEAL FROM: Workers' Compensation Court, State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: November 2, 2000
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal...
Grenz v. Fire & Casualty Of Connecticut - 2/14/2001
APPEAL FROM: Workers' Compensation Court, State of Montana
The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: November 9, 2000
Justice Jim Regnier
Samuel J. Grenz appeals pro se from the order...
Sutton v. Hartford Accident & Indemnity Co. - 2/7/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Case Summary: Claimant alleges she was injured in a fall at work. She testified that she immediately informed a co-worker of the fall, then reported the injury to her supervisor...
Peone v. Liberty Northwest Insurance - 2/1/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Case Summary: Claimant, a certified nurses aid, fell and injured her back in April 1998 but returned to work and continued working until August 1999, when she quit work. She...
Romero v. Liberty Mutual Fire Insurance Co. - 1/29/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary:
Claimant injured her right arm in a 1992 industrial accident, and ultimately developed into thoracic outlet syndrome. Thereafter, she began experiencing left arm...
S.L.H. v. State Compensation Mutual Insurance Fund - 12/28/2000
APPEAL FROM: Workers' Compensation Court, State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: January 6, 2000
S.L.H. filed a petition with the Workers' Compensation Court to resolve a...
Wall v. National Union Fire Of Pittsburgh - 12/28/2000
APPEAL FROM: Workers Compensation Court, State of Montana, The Honorable Michael McCarter, Judge presiding.
Submitted on Briefs: November 30, 2000
1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996...
McFerran v. Consolidated Freightways - 12/28/2000
APPEAL FROM: Workers Compensation Court, State of Montana The Honorable Michael McCarter, Judge presiding.
Submitted on Briefs: November 9, 2000
The Claimant, John McFerran, filed a petition in the Workers' Compensation...
Dunnington v. State Compensation Insurance Fund - 12/21/2000
APPEAL FROM: Workers' Compensation Court, State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: May 25, 2000
Clerk Justice Karla M. Gray
1 Mikel Dunnington (Dunnington) appeals from the...
Kills On Top v. State - 12/19/2000
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Custer, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: April 27, 2000
1 Vernon Kills On Top (hereinafter referred...
Cunningham v. SRS Crisafulli Inc. - 12/14/2000
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Dawson, The Honorable Richard G. Phillips, Judge presiding.
Submitted on Briefs: May 4, 2000
1 Pursuant to Section I, Paragraph 3(c),...
Powell v. State Compensation Insurance Fund - 12/12/2000
APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: December 2, 1999
1 Michael Powell (Michael) appeals a decision of the Workers' Compensation Court...
Powers v. Interbel Telephone Cooperative - 12/7/2000
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding.
Submitted on Briefs: July 20, 2000
Justice Terry N. Trieweiler
...
Thompson v. Cigna - 12/6/2000
APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: February 10, 2000
1 Gregg Thompson appeals a decision of the Workers' Compensation Court...
Stenstrom v. State of Montana - 11/30/2000
APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Lake, The Honorable C. B. McNeil, Judge presiding.
Submitted on Briefs: July 20, 2000
1 Pursuant to Section I, Paragraph 3(c), Montana...
Royal Insurance Co. v. Roadarmel - 9/28/2000
APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: March 16, 2000
1 The Royal Insurance Company ("Royal") initiated this subrogation action against...
King v. TTC Illinois - 9/28/2000
APPEAL FROM: Workers' Compensation Court, Honorable Mike McCarter, Judge Presiding
Submitted on Briefs: August 24, 2000
Decided: September 28, 2000
The widow and four children of Russell King appeal the decision of...
Board of County Commissioners of Lewis and Clark County v. Montana First Judicial District Court - 9/26/2000
ORIGINAL PROCEEDING
Argued and Submitted: June 22, 2000
On July 13, 1999, we accepted original jurisdiction over this dispute between the Lewis and Clark County Commissioners and the Judges of Montana's First Judicial...
Bulen v. Navajo Refining Co. Inc. - 8/15/2000
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas M. McKittrick, Judge presiding.
Submitted on Briefs: November 4, 1999
1 The Plaintiffs filed a complaint in...
Flink v. American Alternative Insurance Co. - 8/15/2000
APPEAL FROM: District Court of the Judicial District, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: March 23, 2000
1 Annette Flink appeals from the Findings of Fact, Conclusions of Law and Judgment of...
Laudert v. Richland County Sheriff's Department - 8/11/2000
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 21, 1999
1 Michael Laudert appeals from...
State v. Pfau - 8/7/2000
APPEAL FROM: District Court of the Twenty-First Judicial District, In and for the County of Ravalli, The Honorable Jeffrey H. Langton, Judge presiding.
Submitted on Briefs: March 30, 2000
1 Pursuant to Section I, Paragraph...
Gochanour v. Gochanour - 6/15/2000
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge,
The Honorable Ted L. Mizner, Judge presiding.
Submitted on Briefs: August 12, 1999
Justice James C. Nelson
...
Golt v. Aetna Life Insurance Co. - 6/13/2000
ORIGINAL PROCEEDING: Certified Question from: Ninth Circuit Court of Appeals
Argued: January 27, 2000
Submitted: February 15, 2000
Justice W. William Leaphart
On August 26, 1999 this Court agreed to address...
Dambrowski v. Champion International Corp. - 6/6/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: July 29, 1999
Justice W. William Leaphart delivered the...
Auto Parts of Bozeman - 3/24/2000
DECISION AND ORDER ON APPEAL
This is an appeal by Auto Parts of Bozeman, Incorporated (Auto Parts) from FINDINGS OF FACT; CONCLUSIONS OF LAW; AND FINAL ORDER of the Department of Labor and Industry (Department) determining that...
Selley v. Liberty Northwest Insurance Corp. - 3/23/2000
APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: September 2, 1999
Clerk
1. From the Decision and Judgment of the Workers' Compensation...
Weatherwax v. State Compensation Insurance Fund - 3/22/2000
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT RESPECTING INJURY VERSUS OCCUPATIONAL DISEASE
The trial in this matter was held on February 22, 2000, in Helena, Montana. Petitioner, Robert J. Weatherwax (claimant), was...
Schelin v. Cigna - 3/21/2000
MEMORANDUM AND ORDER DISMISSING PETITION
The petition in this matter seeks an emergency hearing to determine claimant's entitlement to arm surgery, and states, inter alia:
Because this is an emergency situation and...
Sharp v. Montana Municipal Insurance Authority - 3/17/2000
DECISION AND JUDGMENT
The sole issue as presented by the parties in this case is whether a lump-sum payment of an impairment award under the 1995 version of the Workers' Compensation Act may be discounted to present value. The...
Darrah v. Asarco - 3/8/2000
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on March 3, 2000, in Helena, Montana. Petitioner, Harry Darrah (claimant), was present and represented by Mr. Norman H. Grosfield. Respondent...
Ostermiller v. Employers Insurance of Wausau Mutual Co. - 3/3/2000
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
This matter was held on January 31, 2000 in Billings, Montana. Petitioner, Raymond Ostermiller (claimant), was present and represented himself. Respondent, Employers Insurance...
Masters v. Liberty Northwest Insurance Corp. - 2/23/2000
ORDER DENYING REQUEST FOR RECONSIDERATION
On January 6, 2000, this Court entered its FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, holding that claimant suffered a wage loss and is entitled to permanent partial disability...
Miles v. Miles - 2/15/2000
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Wm. Nels Swandal, Judge presiding.
Submitted on Briefs: May 27, 1999
Clerk
Justice James C. Nelson
...
Rollins v. Liberty Northwest Insurance - 2/3/2000
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on October 14 and 15, 1999, in Great Falls, Montana. Petitioner, Charles Rollins (claimant), was represented by Mr. Randall O. Skorheim....
Ballard v. Stillwater Mining Company - 12/23/1999
ORDER GRANTING MOTION TO JOIN THIRD PARTY
The matter before the Court is respondent's (Stillwater's) motion to join Alaska National Insurance Company (Alaska National) as a party. Claimant (Ballard) joins in the motion.
...
Kemp v. Cigna Property & Casualty - 12/16/1999
ORDER REGARDING ATTORNEY FEES
This is a contested liability case. Liability was ultimately resolved in favor of the claimant, thus entitling him to payment of medical benefits. Since claimant was successful, his attorney is...
Brewington v. Employers Fire Insurance Co. - 12/13/1999
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: June 3, 1999
1 The Plaintiff, William Brewington,...
Standard Fire Insurance Company v. Austin - 12/10/1999
ORDER ON APPEAL
This is an appeal from a decision of the Department of Labor and Industry (Department) finding that respondent (claimant) suffers from an occupational disease (OD).
Record on Appeal
The record on...
Skites v. Blue Cross Blue Shield of Montana - 12/7/1999
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: September 2, 1999
Clerk
Justice Karla M. Gray ...
Liberty Northwest Insurance Corp. v. Petak - 11/17/1999
ORDER AWARDING COSTS
This issue presents as the result of an appeal to the Montana Supreme Court which reversed this Court and held that an attorney fee lien (codified at ยง 37-61-420 MCA) attaches to disputed medical benefits...
King v. Credit General Insurance Co. - 11/10/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on August 26, 1999, in Missoula, Montana. Claimant, Kathleen M. King, was represented by Ms. Sydney E. McKenna. Respondent, Credit General...
Grenz v. Fire & Casualty of Connecticut - 11/9/1999
ORDER ON APPEAL
Petitioner, Samuel J. Grenz, suffers from severe degenerative arthritis. He claims that his arthritis is work related and has been involved in litigation over his claim for over a decade. Various aspects of his...
Liberty Northwest Insurance Corp. v. Stoltz - 11/9/1999
DECISION ON APPEAL
This is an appeal from a Department of Labor and Industry (Department) decision finding that Michael Stoltz (claimant) is suffering from an occupational disease.
Record Below
The only witness...
Liberty Northwest Insurance Corporation v. Stoltz - 11/9/1999
DECISION ON APPEAL
This is an appeal from a Department of Labor and Industry (Department) decision finding that Michael Stoltz (claimant) is suffering from an occupational disease.
Record Below
The only witness...
Fjelstad v. Fireman's Fund - 11/3/1999
ORDER COMPELLING DISCOVERY
The matter before the Court is the respondent insurer's motion to compel discovery. The insurer seeks additional medical and employment records.
The Court declines to engage in any extended...
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