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SEYMOUR vs. UNINSURED EMPLOYERS’ FUND and UNINSURED EMPLOYERS’ FUND vs. MURNION

Workers' Compensation Court of the State of Montana

Uninsured Employer’s Fund & Third Party Respondent

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 1
WCC No. 2015-351. JAMES SEYMOUR vs. UNINSURED EMPLOYERS’ FUND and UNINSURED EMPLOYERS’ FUND vs. BARRY MURNION

Summary: Petitioner suffered an injury when he fell from a roof on which he claims to have been working. Respondent/Third Party Petitioner denies that Petitioner was an employee and that he was in the course of his employment at the time of his injury. However, if this Court determines otherwise, Respondent/Third Party Petitioner seeks indemnification from Third Party Respondent as an uninsured employer for all benefits paid or payable to Petitioner. Third Party Respondent denies employing Petitioner, either directly or indirectly. However, if this Court determines otherwise, Third Party Respondent contends that Petitioner fell from the roof because of his use of alcohol or non-prescription drugs.

Held: At the time of Petitioner’s injury, Petitioner was employed by Third Party Respondent and in the course of his employment. Petitioner’s alleged use of alcohol or non-prescription drugs was not the major contributing cause of his accident, and therefore, Petitioner is entitled to benefits under the WCA. Third Party Respondent shall indemnify Respondent/Third Party Petitioner for all benefits paid or payable to Petitioner. Petitioner is entitled to his costs against Respondent/Third-Party Petitioner.

Judgement: Barry employed James at the time of James’ injury. James was in the course of his employment at the time of his injury and is entitled to benefits under the WCA, for which the UEF is liable under § 39-71-503, MCA. Barry is obligated to indemnify the UEF for all benefits paid or payable by the UEF to James under §§ 39-71-504 and -541, MCA. James is entitled to costs against the UEF.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/s/Seymour_2016MTWCC18.pdf