Submitted: September 14, 2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
UEF seeks reimbursement from an uninsured employer for the
benefits it paid to a claimant who was injured on March 22,
The claimant's injuries did not occur in the course and
scope of employment, therefore he was not entitled to
workers' compensation benefits and the UEF is not
entitled to reimbursement for the benefits it paid.
Uninsured Employers' Fund:
Indemnification. The Uninsured Employers' Fund
is entitled to indemnification from an uninsured employer
only if it was in fact liable to pay benefits to the
claimant. Where it has paid benefits to a claimant who was
not in fact injured in the course and scope of employment,
the Uninsured Employers' Fund is not entitled to
indemnification from the uninsured employer.
Employment: Course and Scope: Compensation.
Services provided by a volunteer without expectation or
agreement for compensation are not within the course and
scope of employment.
The trial in this matter was held in Great Falls, Montana, on
September 14, 2004. The petitioner was represented by Ms.
Julia W. Swingley. The respondents were represented by Mr.
Exhibits: There were numerous objections to proposed
exhibits. The following reflects the actions taken by the
Court concerning the exhibits:
Exhibit 1: Admitted for purposes of showing the claim was
filed but not for purposes of showing that the claimant was
in fact injured in the course and scope of employment.
Exhibits 2-7: Admitted without objection.
Exhibit 8: Pages one through three were admitted. Page four
was admitted for limited purposes as reflected in the trial
Exhibit 9: Admitted without objection.
Exhibits 10-13: Refused.
Exhibit 12 was returned to the petitioner.
Exhibit 14: Admitted over objection.
Exhibit 15: Bank checks in the exhibit were admitted, the
remaining pages were refused.
Exhibits 16-17: Admitted without objection.
Exhibit 18: Pages seven and eight admitted. The remaining
pages were refused.
Exhibits 19-24: Admitted without objection.
Witnesses and Deposition: Gregory M. Gould, Aimee V.
Hachigian-Gould, James M. Spurzem, Patrick L. Paul, and
Bernadette M. Rice testified at trial. In addition, the
parties submitted the deposition of Robert Williams to the
Court for its consideration.
Issues Presented: The Court restates the ...