Weidow v. Uninsured Employers' Fund
2010 MT 292
| Mont. | 2010Background
- Weidow sustained injuries while working on Howard's Yellowstone Club house; Howard did not carry workers' compensation insurance for Weidow.
- Howard controlled the Yellowstone Club property via the Trust, including management of development and supervision of subcontractors; he paid Weidow through the Trust.
- Weidow and his brother performed substantial work for about 40 hours per week; Howard directed the work and monitored progress, with daily contact.
- Weidow and UEF disputed whether the employment was casual; UEF denied benefits, and mediator recommended settlement favorable to Weidow, which UEF rejected.
- Weidow filed a WCC petition 69 days after the mediator's report, raising timeliness issues under § 39-71-520(2), MCA (2005).
- WCC initially denied tolling the deadline as to equitable tolling; on appeal, the Montana Supreme Court held equitable tolling applicable to the procedural time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the WCC correctly denied dismissal as untimely | Weidow relied on ambiguity in § 39-71-520(2) and sought tolling | Howard contends timely dismissal under the 60-day finality rule | Equitable tolling applied; petition timely despite 69-day delay |
| Whether Weidow was engaged in casual employment | Weidow argues the property was not Howard's usual business | Howard argues the activity falls within his usual business and tax-driven management | Weidow not engaged in casual employment; activity constitutes business operation with profit motive |
Key Cases Cited
- Colmore v. Uninsured Employers' Fund, 328 Mont. 441, 121 P.3d 1007 (2005 MT) (profit motive and business operation analysis for casual employment)
- Harrison v. Chance, 244 Mont. 215, 797 P.2d 200 (1990 MT) (equitable tolling applied to statute of limitations in certain contexts)
- Lozeau v. GEICO Indem. Co., 350 Mont. 320, 207 P.3d 316 (2009 MT) (equitable tolling and proper consideration of procedural issues)
- Davis v. State, 344 Mont. 300, 187 P.3d 654 (2008 MT) (overruled related jurisdictional-time-bar interpretations to permit tolling)