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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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Bradley v. Crow Tribe of Indians - 12/9/2005
Submitted on Briefs: January 11, 2005 The Crow Tribe of Indians (Tribe) appeals from a November 12, 2003, judgment filed in the District Court for Yellowstone County. The judgment is based on an order of the District Court...

Hofer v. Montana Dep't of Public Health and Human Services - 12/6/2005
Argued and Submitted: March 5, 2005 The Department of Public Health and Human Services ("DPHHS") appeals from a Memorandum and Order of the Montana First Judicial District Court, Lewis and Clark County, in which the court held...

Bain v. Liberty Mutual Fire Insurance Co. - 11/29/2005
Submitted on Briefs: May 31, 2005 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. Its case...

Sherner v. National Loss Control Services Corp. - 11/15/2005
Submitted on Briefs: August 18, 2005 Peter R. Sherner (Peter) and Deborah Sherner (collectively, the Sherners) appeal from an order of the Thirteenth Judicial District Court, Yellowstone County, granting summary judgment...

Flynn v. Uninsured Employers' Fund - 10/31/2005
Submitted on Briefs: August 30, 2005 Petitioner William H. Flynn appeals from the Order of the Montana Workers' Compensation Court denying both his Petition for Hearing and Motion for Reconsideration. We affirm. We...

Quigg v. Montana State Fund - 10/25/2005
Submitted on Briefs: September 21, 2005 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...

Patterson v. Verizon Wireless - 10/25/2005
Submitted on Briefs: May 3, 2005 Appellant John B. Patterson (Patterson) appeals from the order of Montana's Fourth Judicial District Court, Missoula County, granting summary judgment in favor of Respondent Verizon Wireless. We...

Hannan v. State - 10/13/2005
Submitted on Briefs: August 17, 2005 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. Its case...

Boston v. Bitterroot International Systems - 8/23/2005
Submitted on Briefs: July 14, 2004 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...

Otteson v. Montana State Fund - 8/16/2005
Submitted on Briefs: December 8, 2004 Doug Otteson (Otteson) was injured in 1994 while working for a coal company in Big Horn County. Montana State Fund (State Fund) accepted liability for payment of workers' compensation...

Simms v. State Compensation Insurance Fund - 7/12/2005
Submitted on Briefs: October 6, 2004 Randall Simms (Simms) appeals from a judgment entered by the Workers' Compensation Court (WCC) on March 15, 2004, dismissing, without prejudice, Simms' petition to require the Montana State...

Snetsinger v. Montana University System - 12/30/2004
Orally Argued and Submitted: November 13, 2003 Appellants filed an action in the First Judicial District Court, Lewis and Clark County, seeking a declaratory judgment that the Montana University System's policy prohibiting...

Reesor v. Montana State Fund - 12/22/2004
Argued and Submitted: May 5, 2004 Dale Reesor (Reesor) filed a petition for hearing before the Workers' Compensation Court in which he alleged he suffered injury arising out of and in the course of his employment with Northwest...

Vleet v. Montana Association of Counties Workers ' Compensation Trust - 12/21/2004
Submitted on Briefs: November 23, 2004 Mindy Van Vleet (Van Vleet), individually and as natural guardian of Vanesa Van Vleet, appeals from the judgment entered by the Montana Workers' Compensation Court (WCC) on its order...

Bustell v. AIG Claims Service - 12/21/2004
Submitted on Briefs: June 29, 2004 Ann Bustell (Bustell) appeals from the judgment entered by the Workers' Compensation Court (WCC) granting attorney fees at an hourly rate pursuant to ยง 39-71-614, MCA, instead of the full...

Peyatt v. Moore - 12/3/2004
Submitted on Briefs: March 31, 2004 Plaintiff Kerry Peyatt (Peyatt) appeals the October 22, 2003, bench ruling of the Thirteenth Judicial District Court, Yellowstone County, granting summary judgment in favor of Defendants Jim...

Preston v. Transportation Insurance Co. - 12/1/2004
Submitted on Briefs: March 27, 2003 Laurie Preston (Preston) appeals the judgment of the Workers' Compensation Court denying her petition to set aside the settlement Preston entered into with Transportation Insurance Company...

Woods v. Burlington Northern - 11/23/2004
Submitted on Briefs: June 26, 2003 Lillian Woods (Lillian), the widow of Andre "Pete" Woods (Woods), appeals the District Court's determination that Burlington Northern Santa Fe Railroad (BNSF or the Railroad) was not negligent...

Roy v. Blackfoot Telephone Cooperative - 11/12/2004
Submitted on Briefs: October 14, 2004 Steve Roy appeals from the District Court's grant of summary judgment and denial of his motion to alter or amend the judgment. Felicia A. Roy and their children brought attendant claims for...

Nasca v. Hull - 11/4/2004
Submitted on Briefs: January 6, 2004 Dave Hull, Don Ovitt, and Bill Buckner, d/b/a Quality Used Cars of Hamilton ("Appellants" or "Quality"), appeal from the judgment entered by the Twenty-First Judicial District Court, Ravalli...

Arthur v. Pierre Limited - 11/1/2004
Submitted on Briefs: August 3, 2004 Amber K. Arthur (Arthur) appeals from the judgment entered by the Twenty-Second Judicial District Court, Carbon County, on its order granting summary judgment to Defendants as to all six...

Hanson v. Dix - 9/21/2004
Submitted on Briefs: March 9, 2004 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following decision shall not be cited as precedent. The decision shall be...

Ruhd v. Liberty Northwest Insurance Corp. - 8/31/2004
Argued: March 24, 2004 Submitted: April 27, 2004 Appellants/Intervenors, Fisch, Frost, and Rausch, and their respective counsel, Mr. Monte Beck, Mr. Stephen Roberts, and Mr. Lon Dale, appeal a decision of the Workers'...

Blaylock v. Montana State Fund - 6/30/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Billings, Montana, on June 28, 2004. The petitioner (hereinafter claimant) was present and represented himself. The respondent was...

Vercos v. Worker's Compensation Risk Retention Program - 6/30/2004
The trial in this matter was held in Kalispell, Montana, on January 6, 2004. The petitioner was present and represented by Ms. Laurie Wallace. Respondent was represented by Mr. Leo S. Ward. Due to time constraints, cross-examination...

Peters v. Montana State Fund - 6/29/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Helena, Montana, on June 25, 2004. Petitioner, Stephen M. Peters, was present and represented himself. Respondent was represented by Thomas...

Cuellar v. Vanliner Insurance Co. - 6/24/2004
DECISION AND SUMMARY JUDGMENT This matter is before the Court on the motion for summary judgment filed by respondent Vanliner Insurance Company (Vanliner). The claimant filed no opposition to the motion. For the reasons noted...

[T] Thompson v. Liberty Northwest Insurance Corp. - 6/22/2004
Submitted on Briefs: February 24, 2004 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...

Grover v. Cornerstone Construction N.W. - 6/8/2004
Submitted on Briefs: April 24, 2003 Glen Grover (Grover), a carpenter, sustained injuries when he fell from the roof of a house on which he was working. The house under construction was owned by Michael and Ruth Crenshaw (the...

Montana State Fund v. Murray - 6/8/2004
ORDER DENYING MOTION FOR RECONSIDERATION The Montana State Fund (State Fund) moves for reconsideration of the Court's Findings of Fact, Conclusions of Law and Judgment issued April 6, 2004. In that decision I found that the...

American Interstate Insurance Co. v. Kurth - 6/7/2004
ORDER ON PENDING MOTIONS The motions presently before the Court are American Interstate's motion for a continuance and cross-motions to compel discovery. Trial is scheduled for the week of June 14, 2004. The pretrial conference...

Blain v. Stillwater Mining Co. - 6/7/2004
Submitted on Briefs: December 4, 2003 Plaintiff, Lori Blain, as personal representative of the estate of Gary Everhard, filed a Complaint and Jury Demand asserting wrongful death, personal injury and survival action in the...

Sandru v. Rochdale Insurance Co. - 6/7/2004
DECISION AND SUMMARY JUDGMENT This case involves undocumented tip income which the petitioner (claimant) asserts should be included in computing his workers' compensation benefits. The respondent moves for summary judgment...

Schmill v. Liberty Northwest Insurance Corp. - 6/4/2004
DECISION AND JUDGMENT REGARDING COMMON FUND ISSUES On June 22, 2001, this Court held that section 39-72-706, MCA (1989-1999), which provides for a reduction in indemnity benefits in proportion to non-occupational factors...

Callaway v. Valor Insurance Co. - 6/2/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Helena, Montana, on May 4, 2004. The petitioner was present and represented by Mr. Norman H. Grosfield. Respondent was represented by Mr....

Broyles v. Albertson's - 2/27/2004
ORDER GRANTING RECONSIDERATION AND WITHDRAWING DECISION AND ORDER QUASHING IME AND FCE On October 22, 2003, this Court entered a Decision and Order Quashing IME and FCE. The decision is reported at 2003 MTWCC 61, and holds that...

Flynn v. Montana State Fund - 2/26/2004
ORDER CLARIFYING GLOBAL LIEN This Court previously served all Montana workers' compensation insurers with notice of the global lien claimed by the petitioners in the above entitled action. By "global", I mean that the lien is...

Thompson v. Liberty Northwest Insurance Corp. - 2/25/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Missoula, Montana, on October 8, 2003. Petitioner, Lennie J. Thompson (claimant), was present and represented himself. Respondent, Liberty...

Bustell v. AIG Claims Service - 2/25/2004
ORDER DENYING RESPONDENT'S REQUEST TO SUPPLEMENT RECORD The petitioner in this matter has appealed this Court's decision regarding attorney fees. The matter presently before the Court is respondent's motion asking the Court to...

Herrera v. Herrera - 2/24/2004
Submitted on Briefs: March 13, 2003 Teresa Herrera (Teresa) petitioned for dissolution of her marriage to Richard Herrera (Richard) in the First Judicial District Court, Lewis and Clark County. Following a non-jury trial, the...

Nielson v. Montana State Fund - 2/20/2004
DECISION AND JUDGMENT AFTER REMAND This case is on remand from the Supreme Court following its decision in Nielson v. State Compensation Ins. Fund, 2003 MT 95, 315 Mont. 194, 69 P.3d 1136. The Supreme Court reversed my...

Ram Montana - 2/20/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on October 7 and 8, 2002, in Missoula, Montana. Petitioner, RAM Montana, Incorporated (RAM), was represented by Mr. Julio K. Morales. The...

Edmunds v. Liberty Northwest Insurance - 2/19/2004
DECISION AND JUDGMENT This matter is submitted for decision upon affidavits and exhibits attached to the parties' motions and briefs for summary judgment, as well as the testimony of Maggie Connor taken on July 15, 2003 in...

Vleet v. Montana Association of Counties Workers ' Compensation Trust - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial of this matter was held in Great Falls, Montana, on June 2, 2003. The petitioner was represented by Mr. Daniel B. Bidegaray and Ms. Anna M. Bidegaray. Respondent was...

Dolan v. American Protection Insurance Co. - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on January 30, 2004, in Billings, Montana. Petitioner, Peter "Jono" Dolan (claimant), was present and represented by Mr. Richard H. Renn....

DeWitt v. Continental Insurance Co. - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Helena, Montana on February 17, 2004. Petitioner, Denise DeWitt, (claimant ) was present and represented by Mr. Bernard J. Everett....

American Interstate Insurance Co. v. Kurth - 12/23/2003
DECISION AND ORDER DENYING SUMMARY JUDGMENT The insurer in this action filed a petition requesting the Court to authorize suspension of the claimant's benefits on account of his failure to comply with its requests that he...

[T] Markovich v. Cenex Harvest States Cooperatives - 12/18/2003
Submitted on Briefs: October 9, 2003 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...

Allen v. Travelers Indemnity Co. of Connecticut - 12/17/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on October 31, 2003, in Missoula, Montana. Petitioner, Kevin Allen, was present and represented by Mr. Randy J. Cox and Ms. Natasha Prinzing...

McLaughlin v. Liberty Northwest Insurance Corporation - 12/9/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on December 4, 2003, in Kalispell, Montana. Petitioner, Martin McLaughlin, was present and represented by Mr. David W. Lauridsen. Respondent,...

Osterman v. Sears - 11/26/2003
Submitted on Briefs: August 8, 2002 Laura Osterman (Osterman) brought this action in the District Court for the Eighth Judicial District, Cascade County, alleging actual and constructive fraud, negligent misrepresentation,...

Fuss v. Insurance Co. of North America - 11/25/2003
DECISION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT The matter before the Court is claimant's motion for partial summary judgment. Claimant asks the Court to find that Insurance Company of North America (ICNA), one...

Uninsured Employers' Fund v. Hume - 11/18/2003
DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT Uncontroverted Facts Claimant, Linda Gibson, filed a claim for workers' compensation benefits alleging she was injured while employed by respondent/employer, Ron Hume...

Bustell v. AIG Claims Service - 11/14/2003
DECISION AND JUDGMENT FOR ATTORNEY FEES This Court previously determined that claimant's attorney, Mr. Paul E. Toennis (Toennis), is entitled to attorney fees from the respondent/insurer. The matter now before the Court is the...

Liberty Northwest Insurance Corp. v. Halling - 11/5/2003
DECISION AND DECLARATORY JUDGMENT This matter involves death benefits. The decedent, Steven R. Oliver, died of work-related injuries on October 6, 1999. At the time of his death, his employer was insured by Liberty Northwest...

Greene v. Uninsured Employers' Fund - 10/30/2003
ORDER AWARDING COSTS AGAINST UNINSURED EMPLOYER The sole remaining issue in this case is whether the Court may award costs against the uninsured employer in this case. I conclude it can and therefore do so. Discussion ...

Liberty Northwest Insurance Corp. v. Marquardt - 10/30/2003
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT Liberty Northwest Insurance Corporation (Liberty) petitions the Court for an order directing claimant to submit to a Functional Capacities Evaluation (FCE). In her amended response to...

Wiard v. Liberty Northwest Insurance Corp. - 10/30/2003
Submitted on Briefs: March 14, 2002 Richard Wiard (Wiard) appeals the Montana Workers' Compensation Court's holding that medical benefits resulting from Wiard's 1992 work-related neck injury terminated after his employer's...

In re Beneficiary Benefits Relating to the Death of Cox - 9/30/2003
ORDER GRANTING PROTECTIVE ORDER This matter began on the petition filed by Montana State Fund to determine the beneficiaries of decedent Calvin Ray Cox under the Workers' Compensation Act. Among the potential beneficiaries was...

State v. Dubray - 9/23/2003
Submitted on Briefs: October 31, 2002 Donald DuBray was convicted by a jury of deliberate homicide, theft, and robbery, all relating to an incident which occurred at a Great Falls convenience store in the early morning hours of...

[T] In re Marriage of Doak - 9/18/2003
Submitted on Briefs: June 12, 2003 Pursuant to Section I, Paragraph 3(d)(i), Montana Supreme Court 1996 Internal Operating Rules (Memorandum Opinions), we determine that the legal issues raised in this appeal are clearly...

LaFournaise v. Montana Developmental Center - 9/11/2003
Submitted on Briefs: May 29, 2003 Margery LaFournaise (LaFournaise) brought the underlying wrongful discharge action against her former employer, the Montana Developmental Center (MDC). MDC moved for summary judgment and the...

Applegate v. Liberty Northwest Insurance Corporation - 6/26/2003
ORDER GRANTING PARTIAL SUMMARY JUDGMENT The matter before the Court is Liberty's motion for partial summary judgment with respect to the amount of claimant's wages. This Court previously held that claimant's benefits must be...

Old Elk v. Healthy Mothers - 6/19/2003
Submitted on Briefs: July 2, 2002 Appellants John Old Elk, June Goodleft and Dana Zimmer (the Appellants) filed a complaint against Respondent Healthy Mothers, Healthy Babies, Inc. (HMHB), in the First Judicial District Court,...

Cheetham v. Liberty Northwest Insurance Corporation - 6/17/2003
DECISION AND JUDGMENT The sole issue in this case is whether the cost-of-living increase provided in section 39-71-702(5), MCA (1995), is computed before or after application of the social security offset. The agreed facts are...

Taves v. AIU - 6/16/2003
DECISION AND JUDGMENT DISMISSING PETITION AIU moves to dismiss the petition of Tim Taves (Tim) for death benefits on the ground that the Court lacks jurisdiction over the petition on account of Tim's failure to mediate the...

Dietrich v. Liberty Mutual Insurance Company - 6/13/2003
Respondent, Liberty Mutual Insurance Company (Liberty), moves for an order compelling claimant to submit to a deposition prior to disclosure of recorded statement of co-employers and depositions of co-employees. Factual...

Travelers Indemnity Company of Connecticut v. Montana State Fund - 6/11/2003
ORDER DENYING MOTION TO JOIN Before the Court is the motion of petitioner, Travelers Indemnity Company of Connecticut (Travelers), to join Elliott Valve Limited (Elliott Valve) as a party to this proceeding. Elliott Valve is...

Dukes v. Sirius Construction - 6/3/2003
Argued and Submitted: February 26, 2002 Appellants Traci L. Dukes, as personal representative of the Estate of Keith Dukes and on her own and her minor children's behalf, and Sandra Henry, on behalf of her minor child...

Ruhd v. Liberty Northwest Insurance Corp. - 5/30/2003
DECISION AND ORDERS GRANTING MOTION TO AMEND, DETERMINING ATTORNEY FEE ENTITLEMENT,PERMITTING INTERVENTION, AND CERTIFYING FOR APPEAL Summary: Claimant and his attorney request class certification and common fund attorney fees...

Ruhd v. Liberty Northwest Insurance Corporation - 5/30/2003
DECISION AND ORDERS GRANTING MOTION TO AMEND, DETERMINING ATTORNEY FEE ENTITLEMENT,PERMITTING INTERVENTION, ANDCERTIFYING FOR APPEAL This case is on remand from the Supreme Court. Ruhd v. Liberty Northwest Ins. Corp., 2002 MT...

Uninsured Employers' Fund v. Gould - 3/21/2003
ORDER DENYING MOTION FOR SUMMARY JUDGMENT Uncontroverted Facts Claimant, Allen E. Williams, was injured on March 22, 1997, in Cascade County, Montana. (UEF Petition; Respondent's Brief in Support of Motion For Summary...

Sharp v. Montana State Fund - 3/11/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on September 10, 2002, in Great Falls, Montana. Petitioner, Darin Sharp (claimant), was present and represented by Ms. J. Kim Schulke....

Olenick v. EBI - 3/10/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on August 12, 2002, in Helena, Montana. Petitioner, Frank Olenick (claimant), was present and represented by Mr. Dolphy O. Pohlman. Respondent,...

Steck v. Liberty Mutual Northwest - 3/10/2003
ORDER DENYING MOTION TO DISMISS BUT LIMITING ISSUES Petitioner, Brad Steck (claimant), petitions this Court for medical benefits and "appropriate compensation benefits including the payment of permanent partial disability if so...

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