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. § 39-71-412

(2003)

Liability of third party other than employer or fellow employee -- additional cause of action

The right to compensation and medical benefits as provided by this chapter is not affected by the fact that the injury, occupational disease, or death is caused by the negligence of a third party other than the employer or the servants or employees of the employer. Whenever such event occurs to an employee while performing the duties of his employment and such event is caused by the act or omission of some persons or corporations other than his employer or the servants or employees of his employer, the employee or in case of his death his heirs or personal representative shall, in addition to the right to receive compensation under this chapter, have a right to prosecute any cause of action he may have for damages against such persons or corporations.

Opinions construing this section

1 opinion

2015 MT 209 Jul 28, 2015 Affirmed

George v. Bowler

Majority by Beth Baker · 5 to 0

ave the same employer would not necessarily cause this rule to apply. We must therefore determine when a co-worker is an “employee” as that term is used in Section 39-71-412, MCA, for purposes of applying the co-employee immunity rule. . . . We hold that the proper test is whether the co-worker was acting within the course and scope of

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).

Source text on leg.mt.gov