Provider Connection

Kenneth Devers v. Montana State Fund

 Summary: Petitioner contends that he suffered a compensable injury because, although he drank before his accident, alcohol was not the major contributing cause of his accident, and his employers knew about his drinking and did not make a genuine attempt to stop it. Petitioner further claims his injury arose out of and in the course of his employment under the premises rule and the bunkhouse rule because he was a residential employee and on-call at all times. Respondent argues that given his lack of credibility and extent of intoxication, Petitioner’s use of alcohol was the major contributing cause of his accident. Respondent further argues that although Petitioner’s employers knew about his use of alcohol, their efforts to stop it were sufficient. Finally, Respondent contends that credible evidence shows that Petitioner’s injury did not arise out of and in the course of his employment.

Held: Respondent met its burden of proving that Petitioner’s use of alcohol was the major contributing cause of his accident. Moreover, Petitioner’s employer knew about and attempted to stop it. Therefore, Petitioner’s claim for benefits is barred under § 39-71- 407(5), MCA, and this Court declines to address whether Petitioner’s injury arose out of and in the course of his employment.

Devers v MSF

 

 

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: Information in this bulletin, call 800-332-6102 and ask for a member of the Medical Team. Advanced Nurse Review, Kym Vonada at 406-495-5389.


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Michele Fairclough
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Maggie Pentecost
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Jamie Statton
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Website Information

Montana State Fund montanastatefund.com

Department of LaborDepartment of Labor and Industry (DLI) website.
The website includes the Facility and Non-Facility Fee Schedule information as well as the Administrative Rules of Montana (ARM) and the instruction set for the Non-Facility Fee Schedule. Historical fee schedule information can also be found on this website.

If you have questions regarding the fee schedules call 406-444-6530 and someone will direct you to a DLI representative. For NPI information click here National Plan and Provider Enumeration System (NPPES)