Tag Archives: Montana

Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act

Constitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces, the state’s Supreme Court, in Ramsbacher v. Jim Palmer Trucking, … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act

U.S. Supreme Court Will Not Hear Hutterite Colony’s Religious Exclusion Argument

Yesterday, the United States Supreme Court indicated that it would not hear a Montana Hutterite Colony’s argument that a 2009 amendment to a state statute [§ 39–71–307, MCA] violated the colony’s rights under the Free Exercise Clause and the Establishment … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on U.S. Supreme Court Will Not Hear Hutterite Colony’s Religious Exclusion Argument

Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court

Stressing that “reasonableness” is a question of fact and that the review the Workers’ Compensation Court’s findings of fact were to be affirmed if supported by substantial credible evidence, the Supreme Court of Montana recently affirmed a WCC finding that … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court

Divided Supreme Court of Montana Says Statute Defining Religious Order as Employer (For Workers’ Compensation Purposes) is Not Unconstitutional

On the last day of 2012, and in a split decision, the Supreme Court of Montana reversed a trial court’s summary judgment decision that had earlier determined that the requirement to provide workers’ compensation coverage for a religious colony’s members … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Divided Supreme Court of Montana Says Statute Defining Religious Order as Employer (For Workers’ Compensation Purposes) is Not Unconstitutional