Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McCoy v. Travelers Casualty & Surety Co.

Court of Workers Compensation of Montana

February 6, 2014

TARA McCOY Petitioner
v.
TRAVELERS CASUALTY & SURETY COMPANY Respondent/Insurer.

Submitted: October 4, 2013

ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT

JAMES JEREMIAH SHEA JUDGE

Summary:

Respondent moved for summary judgment in this matter, arguing that jurisdiction lies in North Dakota since Petitioner was injured while working there. Petitioner objected and contends that this Court has jurisdiction over her claim under § 39-71-402(1), MCA.

Held:

Petitioner was not employed in Montana at the time of her industrial injury and therefore this Court does not have jurisdiction over her claim under § 39-71-402(1), MCA. Respondent's motion for summary judgment is therefore granted.

¶ 1 Respondent Travelers Casualty & Surety Company (Travelers) moves this Court for summary judgment in its favor on the issue of whether this Court has subject matter jurisdiction to adjudicate Petitioner Tara McCoy's claim against Travelers' insured.[1]Travelers contends that jurisdiction over McCoy's claim properly rests in North Dakota because McCoy was injured while working in Minot, North Dakota. McCoy opposes Travelers' motion, contending that this Court has jurisdiction over her claim pursuant to § 39-71-402(1), MCA (2011).[2]

Undisputed Facts [3]

¶ 2 Financial Health Resources, Inc. (FHR) is a privately held Florida-based corporation with corporate offices located in Orlando, Florida.

¶ 3 McCoy, born in 1975, has considered herself a permanent resident of Great Falls, Montana, since November 2008.

¶ 4 FHR is engaged in the business of providing accounts receivables management to the health care industry in various states. These services include providing personnel to health care facilities to facilitate acquisition of benefits, including Medicaid, for uninsured and underinsured patients.

¶ 5 On or about February 1, 2012, FHR entered into a certain Entitlement and Self-Pay Management Agreement with Benefis Health Systems (Benefis) in Great Falls (the Benefis Contract), to provide receivables management and Medicaid representatives to facilitate acquisition of benefits for Benefis' patients.

¶ 6 In May 2012, McCoy responded to an advertisement for a Medicaid Processing Representative for FHR. McCoy was subsequently interviewed by FHR representative Denise Garcia at Benefis Hospital in Great Falls.

¶ 7 On or about May 21, 2012, after interviewing with Garcia, FHR hired McCoy that same day to work as a Medicaid representative pursuant to the Benefis Contract. There was no written employment contract, although there was an oral contract of employment.

¶ 8 On or about November 1, 2012, Benefis gave notice that it was exercising its option to terminate the contract with FHR, and the parties thereafter executed a Fourth Addendum to the Benefis Contract describing the terms and services FHR would provide while its work at Benefis was concluding.

¶ 9 Pursuant to Benefis' termination of the Benefis Contract and the Fourth Addendum thereto, FHR would not receive new patient accounts for administration after December 31, 2012.

¶ 10 On or about December 1, 2012, FHR contracted with Trinity Health Systems (Trinity) to provide services at Trinity facilities pursuant to a certain Medicaid/Medical Assistance Agreement for Trinity dated December 1, 2012 (the Trinity Contract).

¶ 11 On or about December 17, 2012, FHR's President and Chief Executive Officer, Brian Wasserman, e-mailed McCoy and six other FHR employees an offer of employment and gave them "first shot" at "two (2) openings for" FHR's "newest client in Minot, North Dakota." The offer included "a two bedroom apartment and utilities . . . ."

ΒΆ 12 McCoy was included among the addressees of Mr. Wasserman's December 17, 2012, e-mail due to the quality of her performance while working at Benefis, because the Benefis Contract was concluding, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.