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TAMARA L. HOLTZ v. INDEMNITY INS. CO. OF NORTH AMERICA

Workers' Compensation Court of the State of Montana

Within the Course of Employment?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 4 WCC No. 2015-3577 TAMARA L. HOLTZ Petitioner vs. INDEMNITY INS. CO. OF NORTH AMERICA Respondent/Insurer. ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT

Summary: Petitioner, a flight attendant, was injured in a motorcycle accident which occurred approximately 40 miles from her hotel during a paid layover in Cincinnati, Ohio. Respondent denied liability for her injuries and moved for summary judgment on the grounds that her injuries did not arise out of or occur within the course of her employment.

Held: This Court granted Respondent’s motion for summary judgment because Petitioner’s injuries did not arise out of or within the course of her employment under § 39-71-407(2)(a), MCA (2013).

ORDER:  Order is certified as final and, for purposes of appeal, shall be considered as a notice of entry of judgment.

READ FULL DOCUMENT AT ORIGINAL SOURCE:  http://wcc.dli.mt.gov/w/Holt_2016MTWCC4.pdf