Table of Contents TITLE 39. LABOR CHAPTER 71. WORKERS' COMPENSATION Part 4. Coverage, Liability, and Subrogation

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5 39-71-401 — Employments covered and e... 1 39-71-402 — Extraterritorial applicat... 39-71-403 — Plan three exclusive for... 1 39-71-405 — Liability of employer who... 39-71-406 — Deduction from wages of a... 13 39-71-407 — Liability of insurers --... 39-71-408 — Liability as first lien i... 39-71-409 — Waivers by employee inval... 14 39-71-411 — Provisions of chapter exc... 1 39-71-412 — Liability of third party... 6 39-71-413 — Liability of employer or... 3 39-71-414 — Subrogation 1 39-71-415 — Procedure for resolving d... 39-71-416 — Benefit reduction for thi... 39-71-421 — Financial incentives to i... 39-71-426 — Reciprocal agreements wit... 39-71-427 — Conditions for reciprocal... 39-71-428 — Denial of reciprocity 39-71-432 — Definitions 1 39-71-433 — Group purchase of workers... 39-71-434 — Deductible insurance poli... 39-71-435 — Workers' compensation and...

Mont. Code Ann. § 39-71-411

(2003)

Provisions of chapter exclusive remedy -- nonliability of insured employer

For all employments covered under the Workers' Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers' Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers' Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of such injuries or death. The Workers' Compensation Act binds the employee himself, and in case of death binds his personal representative and all persons having any right or claim to compensation for his injury or death, as well as the employer and the servants and employees of such employer and those conducting his business during liquidation, bankruptcy, or insolvency.

Opinions construing this section

14 opinions

2020 MT 317 Dec 16, 2020 Affirmed

S. Hensley v. State Fund

Majority by Beth Baker · 3 to 3 with 1 concurring

comprehensive workers’ compensation system, which—with few exceptions not applicable here—is the sole method of recovery for workers injured on the job. Section 39-71-411, MCA. The 2011 Legislature enacted a series of changes to the workers’ compensation system through House Bill 334, 62nd Leg., Reg. Sess. (Mont. 2011) (“HB 334?

2017 MT 140 Jun 13, 2017 Affirmed

Asurion v. MT Insurance

Majority by James Jeremiah Shea · 4 to 1

MIGA relief because the WCA protects the employer by providing an exclusive remedy that frees the employer from potential liability claims by an employee. See § 39-71-411, MCA. The District Court held that because Asurion met its obligation to obtain workers’ compensation insurance, it has no payment obligations to Harris; therefor

2017 MT 140 Jun 13, 2017 Affirmed

Asurion v. MT Insurance

Dissenting by Dirk M. Sandefur · 4 to 1

alf of an insolvent Plan 2 insurer is “essentially [a] third-party indemnity claim[]” against the employer in contravention of the exclusivity provision of § 39-71-411, MCA. Without consideration of the meaning of “indemnity” or the qualifying statutory reference to third-parties “from whom damages are sought on account of?

2015 MT 209 Jul 28, 2015 Affirmed

George v. Bowler

Majority by Beth Baker · 5 to 0

and Health Act, §§ 50-71-201 thru -202, MCA. ¶5 In their answer, the Bowlers pleaded the Workers’ Compensation Act’s (WCA’s) exclusivity provision, § 39-71-411, MCA, as an affirmative defense. In his deposition, Curtis testified that he was acting as the president of Carpets Plus when he instructed Robert to assemble the c

2015 MT 199 Jul 14, 2015 Affirmed

Stokes v. Golden Triangle

Majority by Jim Rice · 5 to 0

aim against Golden Triangle. The District Court determined that Golden Triangle was an insured employer under the Act and entitled to tort immunity pursuant to § 39-71-411, MCA. ¶2 We affirm and address the following issue on appeal: ¶3 Did the District Court err by concluding that Golden Triangle was entitled to tort immunity pur

Official Annotations archive.org, 2003 edition

History:

EnactedEn. 92-204.1 by SectionSec. 1, ChapterCh. 493, Laws ofL. 1973

AmendedAmd. SectionSec. 2, ChapterCh. 550, Laws ofL. 1977

Revised Codes of MontanaR.C.M. 1947, 92-204.1(part)

AmendedAmd. SectionSec. 1, ChapterCh. 329, Laws ofL. 1979

AmendedAmd. SectionSec. 61, ChapterCh. 397, Laws ofL. 1979

Source text on leg.mt.gov