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Dahl v. Uninsured Employers' Fund

Court of Workers Compensation of Montana

May 12, 1998

DWIGHT E. DAHL, d/b/a BIG SKY CONCRETE Appellant
v.
UNINSURED EMPLOYERS' FUND Respondent.

          Submitted: March 4, 1998

          ORDER ON APPEAL

          MIKE McCARTER JUDGE.

         Summary: Concrete worker began his own business using employees obtained through a temporary employment agency. The agency billed on a monthly basis for all expenses related to each worker, including wages, taxes and workers' compensation insurance coverage, plus an addon percentage for the agency's profit. UEF commenced proceedings against the concrete worker maintaining he was uninsured under the WCA for failing to have his own workers' compensation insurance policy in place. A DOL hearing officer found the concrete business uninsured. This appeal followed.

         Held: Statutory requirements are satisfied where a workers' compensation policy covered the workers, even though it was a policy purchased by the employment agency and not the entity for whom the workers were performing work. [Note: WCC reversed on this issue in Dahl v. Uninsured Employers' Fund, 1999 MT 168 (98-418).]

         Topics:

Constitutions, Statutes, Regulations and Rules: Montana Code: section 39-71-401(1), MCA (1993). Statutory requirements are satisfied where a workers' compensation policy covered the workers, even though the policy was purchased by an employment agency and not the entity for whom the workers were performing work. [Note: WCC reversed on this issue in Dahl v. Uninsured Employers' Fund, 1999 MT 168.]
Employers: Insurance. Statutory requirements are satisfied where a workers' compensation policy covered the workers, even though the policy was purchased by an employment agency and not the entity for whom the workers were performing work. [Note: WCC reversed on this issue in Dahl v. Uninsured Employers' Fund, 1999 MT 168.]
Employment: Leased Employees. Statutory requirements are satisfied where a workers' compensation policy covered the workers, even though the policy was purchased by an employment agency and not the entity for whom the workers were performing work. [Note: WCC reversed on this issue in Dahl v. Uninsured Employers' Fund, 1999 MT 168.]
Employment: Temporary Employees. Statutory requirements are satisfied where a workers' compensation policy covered the workers, even though the policy was purchased by an employment agency and not the entity for whom the workers were performing work. [Note: WCC reversed on this issue in Dahl v. Uninsured Employers' Fund, 1999 MT 168.]

         ¶1 This is an appeal from a decision of the Department of Labor and Industry (Department) finding that workers employed by appellant, Dwight E. Dahl (Dahl), were his employees and not temporary employees.

         Record on Appeal

         ¶2 The record on appeal consists of the transcript of a hearing conducted on January 29, 1996, and the Department file, including the exhibits admitted at the hearing.

         Factual Background

         ¶3 Dahl has been a concrete worker for over 13 years.

         ¶4 In 1992 Dahl signed up for work with Olsten's Temporary Services (Olsten's). Olsten's is a temporary employment agency headquartered in New York. It has an office in ...


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