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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Employment Relations Division v. Rising Wolf Construction - 9/28/1999
JUDGMENT
This is an appeal by Rising Wolf Construction, Incorporated (Rising Wolf), from a determination of the Independent Contractor Central Unit of the Department of Labor and Industry finding that four workers named Steven...
Branch v. Liberty Northwest Insurance Company - 9/27/1999
JUDGMENT
The trial in this matter was held on August 31, 1999, in Kalispell, Montana. Petitioner, Cherol Branch (claimant), was present and represented by Mr. Garry D. Seaman. Respondent was represented by Mr. Larry W. Jones....
Matthews v. State Compensation Insurance Fund - 9/23/1999
APPEAL FROM: Workers' Compensation Court, State of Montana, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: July 1, 1999
Appellant Richard Matthews (Matthews) appeals from the judgment of the Workers'...
Riley v. W.R. Grace & Company - 9/10/1999
DECISION AND JUDGMENT
The trial in this matter was held on March 8, 1999, in Kalispell, Montana. Petitioner, Karen Riley the widow of a deceased worker, Donald A. Riley was represented by Mr. Allan M. McGarvey. Respondent,...
Meyer v. Valor Insurance Company - 9/3/1999
ORDER DENYING MOTION TO DISMISS BUT LIMITING ISSUES
Petitioner alleges that he suffered an industrial accident or an occupational disease on May 18, 1997. Respondent denies liability and moves to dismiss the petition for...
Ballard v. Stillwater Mining Company - 9/1/1999
ORDER REGARDING VARIOUS MOTIONS
The matter before the Court is respondent's motion to join Alaska National Insurance Company (ANIC) as a third-party respondent, to then stay the present proceeding pending mediation between...
Lockhart v. New Hampshire Insurance Company - 9/1/1999
APPEAL FROM: In the Workers' Compensation Court
The Honorable Mike McCarter, Judge presiding.
Argued: February 11, 1999
Submitted: March 11, 1999
Decided: September 1, 1999
Justice Jim Regnier
...
Walker v. Credit General Insurance Company - 8/24/1999
PARTIAL SUMMARY JUDGMENT
The petitioner in this case is the personal representative of the estate of Ivan G. Walker (Ivan). Ivan suffered severe injuries while driving a truck for his employer. Credit General Insurance Company...
Johnson v. State Compensation Insurance Fund - 8/20/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on May 10, 1999, in Helena, Montana. Petitioner, Eric Johnson (claimant), was present and represented by Mr. John C. Doubek. Respondent, State...
Thompson v. Cigna - 8/17/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
This trial in this matter was held on April 26, 1999, in Billings, Montana. Petitioner, Gregg Thompson (claimant), was present and represented by Mr. James G. Edmiston....
Wall v. National Union Fire of Pittsburgh - 8/16/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on May 7, 1999, in Missoula, Montana. Petitioner, Timothy T. Wall (claimant), was present and represented by Ms. Rachel Wright. Respondent,...
Nielson v. State Compensation Insurance Fund - 8/13/1999
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on April 27 and 28, 1999, in Billings, Montana. Petitioner, Louis Nielson (claimant), was present and represented by Mr. Marvin L. Howe....
Royal Insurance Company v. Roadarmel - 7/30/1999
ORDER DENYING MOTION FOR RECONSIDERATION
Respondents seek reconsideration of this Court's summary judgment finding them jointly and severally liable to petitioner, Royal Insurance Company, in the sum of $63,864.79. The motion...
Jenkins v. State Compensation Insurance Fund - 7/30/1999
PARTIAL SUMMARY JUDGMENT
The matter before the Court is claimant's motion for partial summary judgment. The simplified facts upon which claimant bases her motion, and which the State Compensation Insurance Fund (State Fund)...
Eastman v. Insurance Company of North America - 7/29/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The first phase of the trial in this matter was held on February 3, 1998, in Billings, Montana. Petitioner, Rick Eastman (claimant), was present and represented by Mr. R....
State Compensation Insurance Fund v. Douma - 6/29/1999
ORDER DISMISSING PETITION FOR FAILURE TO MEDIATE
This case involves a petition by the State Compensation Insurance Fund (State Fund) to determine its subrogation interest in third-party actions arising out of claimant's August...
In re T.A.G. - 6/15/1999
APPEAL FROM: District Court of the Twelfth Judicial District, In and for the County of Hill, The Honorable John Warner, Judge presiding.
Submitted on Briefs: March 18, 1999
. Pursuant to Section I, Paragraph 3(c), Montana...
Winchester v. Mountain Line - 6/14/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Ed McLean, Judge presiding.
Submitted on Briefs: December 3, 1998
. Steve Winchester (Winchester) appeals from...
Henry v. State Compensation Insurance Fund - 6/3/1999
APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding.
Heard: February 18, 1999
Submitted: February 19, 1999
. The Workers' Compensation Court held that the Montana...
Crowell v. State Compensation Insurance Fund - 3/18/1999
DECISION AND JUDGMENT
This matter came on for trial in Kalispell on March 8, 1999. Petitioner, Bruce Crowell (claimant), was represented by Mr. Garry D. Seaman. Respondent, State Compensation Fund (State Fund), was represented...
Royal Insurance Company v. Roadarmel - 3/17/1999
ORDER GRANTING SUMMARY JUDGMENT
The present action is brought by Royal Insurance Company (Royal) to recover $63,864.79 in payment of its subrogation interest in a $300,000.00 third-party judgment recovered by respondent Earl...
Rothwell v. Allstate Insurance Co. - 3/17/1999
APPEAL FROM: United States District Court for the District of Montana Great Falls Division The Honorable Richard W. Anderson, Judge presiding.
Certified: March 10, 1998
Submitted: November 17, 1998
. The United...
Miller v. State Compensation Insurance Fund - 3/11/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 18, 1998, in Helena Montana. Petitioner, Michael L. Miller (claimant), was present and represented himself at trial. Respondent,...
McKay v. City of Choteau - 3/4/1999
ORDER ON APPEAL
This is an appeal of a Department of Labor and Industry (Department) decision finding that the appellant (claimant) does not suffer from an occupational disease (OD). Claimant was represented by an attorney in...
Riley v. W.R. Grace & Company - 3/3/1999
ORDER DENYING SUMMARY JUDGMENT
This is an action for attorney fees based on this Court's prior declaratory judgment in W.R. Grace & Company and Transportation Ins. Co. v. Karen Riley, WCC No. 9709- 7824. Transportation...
Hall v. State Compensation Insurance Fund - 3/2/1999
ORDER AWARDING COSTS
On January 19, 1999, counsel for the petitioner, Mr. Thomas A. Budewitz, filed his
APPLICATION FOR TAXATION OF COSTS in the above-entitled matter. Respondent's counsel, Mr. Leo S. Ward, has been...
Garcia v. Uninsured Employer's Fund - 2/25/1999
APPEAL FROM: Workers' Compensation Court For the State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: January 18, 1999
. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996...
Washington v. State Compensation Insurance Fund - 2/12/1999
ORDER GRANTING PARTIAL SUMMARY JUDGMENT
The petitioner (claimant) asks the Court to set aside a subrogation determination made by the Department of Labor and Industry (Department) in 1977 and to adjust his compensation rate...
Lyons v. Montana Power Company - 2/12/1999
SUPPLEMENT TO DECISION AND JUDGMENT
On the same day as this Court issued its DECISION AND JUDGMENT, the Court received a request from claimant's counsel, Mr. Chris J. Ragar, that the Court take judicial notice of Exhibit 27 in...
Lyons v. Montana Power Company - 2/11/1999
DECISION AND JUDGMENT
The trial in this matter was held on November 12, 1998, in Butte, Montana. All of the exhibits offered at trial were admitted. In addition, the Court ordered the parties to file all correspondence between...
Pattee v. Twin City Fire Insurance Company - 2/9/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on February 2, 1999, in Billings, Montana. Petitioner, Kelly Pattee (claimant), was present and represented by Mr. James G. Edmiston, III....
Powell v. State Compensation Insurance Fund - 2/4/1999
DECISION AND JUDGMENT DENYING CONSTITUTIONAL CHALLENGE
The petitioner in this matter sought domiciliary care benefits. On the second day of trial the parties reached a settlement, agreeing that claimant's wife, Mary Powell,...
Matthews v. State Compensation Insurance Fund - 2/4/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on January 20, 1999, in Missoula, Montana. Petitioner, Richard Lee Matthews (claimant), was present and represented by Mr. Andrew F. Scott....
S.L.H. v. State Compensation Insurance Fund - 2/4/1999
ORDER GRANTING COSTS
The Court received claimant's APPLICATION FOR TAXATION OF COSTS along with a MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS prior to the January 14, 1999 judgment entered in the above-entitled matter. Judge...
Galetti v. Montana Power Company - 2/4/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 12, 1998, in Butte, Montana. Petitioner, Gary Galetti (claimant), was present and represented by Mr. Chris J. Ragar. Respondent,...
Hodge v. State Compensation Insurance Fund - 1/29/1999
ORDER ON MOTION TO DISMISS
Petitioner brings this action for permanent total disability benefits (PTD) and, alternatively, permanent partial disability benefits (PPD). He mediated his PTD claim but not his PPD claim. Respondent...
Benson v. Heritage Inn - 12/30/1998
Submitted on Briefs September 17, 1998.
On January 5, 1996, Christell Benson brought this case in the District Court of the Eighth Judicial District, Cascade County, for injuries she sustained from a slip and fall accident on...
Jarvenpaa v. Glacier Electric Cooperative - 12/10/1998
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Glacier, The Honorable Marc G. Buyske, Judge presiding.
Submitted on Briefs: February 26, 1998
. Donald Jarvenpaa, an employee of Glacier...
Vincelette v. Metropolitan Life Ins. Co. - 10/30/1998
Submitted on Briefs August 13, 1998.
1 The plaintiff, Darlene M. Vincelette, commenced this action in the District Court for the Thirteenth Judicial District in Yellowstone County to recover damages for personal injuries...
C. Loney Concrete Construction Inc. v. Employment Relations Division - 9/15/1998
APPEAL FROM: Workers' Compensation Court,, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: August 6, 1998
Respondent, the Uninsured Employers' Fund (UEF), a division of the Department of Labor and...
Latray v. St. Peter - 6/16/1998
APPEAL FROM: District Court of the Fourth Judicial District,
In and for the County of Missoula, The Honorable Ed McLean, Judge presiding.
Submitted on Briefs: December 30, 1997
Pursuant to Section I, Paragraph 3(c),...
Connery v. Liberty Northwest Insurance - 5/26/1998
APPEAL FROM: The Workers' Compensation Court, Honorable Mike McCarter, Judge Presiding.
Submitted on Briefs: March 26, 1998
In this action, the Workers' Compensation Court declared unconstitutional the benefit reduction...
State v. Taylor - 5/8/1998
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Frank Davis, Judge presiding.
Submitted on Briefs: March 19, 1998
The defendant, Edwin A. Taylor, was...
Heath v. Montana Municipal Insurance Authority - 5/5/1998
APPEAL FROM: Workers' Compensation Court The Honorable Mike McCarter, judge presiding.
Submitted on Briefs: April 23, 1998
This is an appeal by petitioner Angela Heath (Heath) from a September 25, 1997 order of the...
Heath v. Montana Municipal Ins. Auth. - 5/5/1998
Submitted on Briefs April 23, 1998.
1 This is an appeal by petitioner Angela Heath (Heath) from a September 25, 1997 order of the Workers' Compensation Court granting summary judgment in favor of Montana Municipal Insurance...
Bare v. Liberty Mutual Fire Insurance Co. - 5/4/1998
Submitted on Briefs: December 11, 1997
Michael Bare appeals from the order and judgment of the Workers' Compensation Court. The court dismissed Bare's claim for permanent total disability benefits pursuant to § 39-71-702, MCA...
Bare v. Liberty Mutual Fire Ins. Co. - 5/4/1998
Submitted on Briefs December 11, 1997.
1 Michael Bare appeals from the order and judgment of the Workers' Compensation Court. The court dismissed Bare's claim for permanent total disability benefits pursuant to § 39-71-702, MCA...
Ebi/orion Group v. Blythe - 4/28/1998
Submitted on Briefs February 18, 1998.
1 Michael S. Blythe appeals from the judgment of the Workers' Compensation Court that he is not disabled and is not entitled to compensation or benefits for his January 1989 industrial...
Grenz v. Fire & Cas. of Connecticut - 2/18/1998
___ P.2d ___ ...
Reeves v. Dairy Queen Inc. - 1/30/1998
1998 MT 13
ô1 Appellant Donna Reeves (Reeves) appeals from the order of the Eleventh Judicial District Court, Flathead County, granting summary judgment for Respondents Dairy Queen, Inc. (Dairy Queen) and Barber Food Service Co.,...
Polk v. Planet Insurance Co. - 12/30/1997
Submitted on Briefs November 13, 1997.
Appellant William Polk (Polk) appeals from the February 26, 1997, Judgment and Order of the Montana Workers' Compensation Court, affirming the findings of fact, conclusions of law, and final...
Powell v. the Salvation Army - 12/30/1997
Submitted on Briefs December 4, 1997.
In March 1997, Bill Gordon Powell filed an action in the District Court for the Fourth Judicial District in Missoula County against the Salvation Army. Powell brought suit pursuant to §...
Burgland v. Liberty Mutual Fire Ins. Com. - 12/16/1997
Submitted on Briefs November 20, 1997.
Liberty Mutual Fire Insurance Co. (Liberty) appeals from the decision of the Workers' Compensation Court finding that Steven K. Burglund's (Burglund's) current disability was caused by his...
Waste Mgmnt Partners v. Public Svc. Comm. - 8/26/1997
Submitted on Briefs May 15, 1997.
Appellant Three Rivers Disposal Company (Three Rivers), formerly Waste Management Partners of Bozeman, Ltd., appeals from the decision issued by the First Judicial District Court, Lewis and...
Shields v. Helena School District No. 1 - 8/7/1997
Submitted on Briefs January 30, 1997.
Greg, Kerbie and Nathan Shields (the Shieldses) brought this action in the District Court for the First Judicial District, Lewis and Clark County, to recover monetary damages for alleged...
Billings Post #1634 - 8/1/1997
Submitted on Briefs March 20, 1997.
Billings Post No. 1634, Veterans of Foreign Wars of the United States (VFW), appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on its order...
Murer v. State Fund - 6/23/1997
Submitted February 18, 1997.
The claimants, Jack Murer, Jay Harbrige, Keith Mordja, Susan Vernon, Bruce Nelson, Steve Prickett, and James Brown, filed a petition for benefits in the Workers' Compensation Court for the State of...
Neustrom v. State - 6/17/1997
Submitted on Briefs March 20, 1997.
Appellant Will Neustrom (Neustrom) appeals from the opinion and order issued by the Twenty-First Judicial District Court, Ravalli County, dismissing Neustrom's petition for alternative writs of...
Lake v. State - 5/27/1997
Submitted October 22, 1996.
The plaintiffs, Dorothy J. Lake and Mary Jo Hodik, individually and as personal representatives of the estates of Charles Edward Lake and James D. Hodik, commenced separate actions in the District...
Yarborough v. Montana Municipal Ins. Auth. - 5/20/1997
Rehearing Denied June 19, 1997.
Submitted on Briefs May 8, 1997.
On June 28, 1996, the Workers' Compensation Court entered findings of fact, conclusions of law and judgment denying Petitioner/Appellant Joe Yarborough...
Zempel v. Uninsured Employers' Fund - 5/15/1997
Submitted on Briefs July 11, 1996.
Darwin Zempel (Zempel) appeals from the judgment of the Workers' Compensation Court dismissing his petition for a declaratory judgment. We affirm.
We restate the issues on appeal as...
Trankel v. State - 4/30/1997
Submitted October 22, 1996.
The plaintiff, James B. Trankel, commenced this action in the District Court for the First Judicial District in Lewis and Clark County to recover damages for personal injuries sustained while working...
King v. State Fund - 4/29/1997
Submitted on Briefs December 5, 1996.
Sonja King (King) appeals from the judgment entered by the Workers' Compensation Court which concluded that she is not entitled to an increase in her permanent partial disability benefits. We...
Loss v. Lumbermens Mutual Cas. Co. - 3/24/1997
Submitted on Briefs February 27, 1997.
Clinton Loss appeals from the Workers' Compensation Court's grant of summary judgment to insurer Lumbermens Mutual Casualty Company on the question of whether rehabilitation benefits are...
Epperson v. Willis Corroon Adm. Svc. Corp. - 3/11/1997
54 St.Rep. 226
Submitted on Briefs January 9, 1997.
Willis Corroon Administrative Services Corporation (Corroon), appeals from the decision of the Workers' Compensation Court finding respondent, Margaret Epperson's...
State v. Siegal - 3/6/1997
54 St.Rep. 158
Heard October 24, 1996. Submitted November 7, 1996.
Defendants James Robert Siegal (Siegal), Doyle Wayne Jones (Jones) and James Jeremiah McIntyre (McIntyre) moved to suppress the fruits of a search on the...
City of Billings v. County Water Dist. - 2/28/1997
54 St.Rep. 144
Submitted on Briefs December 5, 1996.
Appellant County Water District of Billings Heights (the District) appeals from the order issued by the Thirteenth Judicial District Court, Yellowstone County, denying...
Hammer v. Uninsured Employers' Fund - 12/27/1996
53 St.Rep. 1447
Submitted on Briefs October 24, 1996.
Alexandra Engler Hammer (Hammer), appeals from the decision of the Workers' Compensation Court, denying her request for benefits from the Uninsured Employers' Fund...
Reynolds v. U.s.a. - 12/13/1996
53 St.Rep. 1360
Heard May 30, 1996. Submitted May 31, 1996.
The United States District Court for the District of Montana, Billings Division, has certified to this Court the following two questions:
1. Does § 27-1-703,...
Connery v. Liberty Northwest Ins. Corp. - 12/10/1996
53 St.Rep. 1324
Submitted on Briefs November 14, 1996.
The respondent, Colleen Connery, petitioned the Workers' Compensation Court for the State of Montana to find that she was injured during the course of her employment...
Saterlee v. Lumbermen's Mutual Cas. Co. - 12/10/1996
53 St.Rep. 1310
Submitted on Briefs September 12, 1996.
Catherine E. Satterlee filed a petition in the Workers' Compensation Court for the State of Montana in which she alleged that she was totally disabled as a result of...
International Local 1638 v. Montana Power Co. - 12/9/1996
53 St.Rep. 1296
Submitted on Briefs September 5, 1996.
The Montana Power Company (MPC) filed a complaint in the Second Judicial District Court, Silver Bow County, seeking an alternative writ of prohibition to prevent the...
Grenz v. Fire & Casualty of Connecticut - 9/17/1996
Rehearing Denied October 10, 1996.
53 St.Rep. 898
Submitted on Briefs July 25, 1996.
Samuel J. Grenz appeals from an order of the Workers' Compensation Court which affirmed the Montana Department of Labor and...
Carrillo v. Liberty Northwest Ins. - 9/3/1996
53 St.Rep. 829
Submitted on Briefs April 18, 1996.
The petitioner, Carol Ann Carrillo, filed a petition in the Workers' Compensation Court of the State of Montana in which she sought benefits for an injury which she alleged...
Killoy v. Reliance National Indemnity - 9/3/1996
53 St.Rep. 838
Submitted on Briefs April 11, 1996.
Appellant, Edward Killoy, Jr. (claimant), appeals the Workers' Compensation Court's order concluding that he was not permanently totally disabled and, therefore was not...
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