IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 21 WCC No. 2015-3545 CAR WERKS, LLC Petitioner vs. UNINSURED EMPLOYERS’ FUND Respondent/Third Party Petitioner vs. JAMES E. GAWRONSKI Third Party Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT
Summary: An uninsured employer contests the Uninsured Employers’ Fund’s acceptance of liability for an injury claim on the grounds that the employee’s injuries were not suffered in a car accident in the course of employment but were actually suffered in an earlier motorcycle accident.
Held: The uninsured employer has not met its burden of proving that the employee’s injuries were related to an earlier motorcycle accident. This Court did not find the uninsured employer’s evidence credible. Moreover, there is sufficient credible evidence and objective medical findings to support the employee’s claim for benefits. The uninsured employer is legally obligated to indemnify the Uninsured Employers’ Fund for all benefits paid or payable to the employee for his workers’ compensation claim.
Topics: Credibility, conflicting evidence, burden of proof.
Judgement: The Uninsured Employers’ Fund correctly accepted liability for the injured employee’s claim. The uninsured employer – Car Werks – is obligated to the Uninsured Employers’ Fund for all benefits paid or payable for the injured employee’s claim. Pursuant to ARM 24.5.348(2), this Judgment is certified as final and, for purposes of appeal, shall be considered as a notice of entry of judgment.
READ FULL DOCUMENTATION AT ORIGINAL SOURCE: http://wcc.dli.mt.gov/c/Car%20Werks_2015MTWCC21.pdf