Ramsbacher v. Jim Palmer Trucking

Mont. Code Ann. 39-8-207(8)(b)(i), which extends the exclusivity remedy of the Workers’ Compensation Act (WCA) from a professional employer organization (PEO) to its client, does not violate Mont. Const. art. II, 16 by depriving an injured worker of full legal redress.PEOs hire employees and assign them to the PEO’s client businesses on an ongoing basis. Defendant entered into a contract with a licensed PEO. The PEO hired Plaintiff and assigned him to Defendant. After Plaintiff suffered an on-the-job injury, Plaintiff filed suit against Defendant, alleging that his injuries occurred because of Defendant’s failure to provide a safe workplace. The district court granted summary judgment for Defendant, concluding that Plaintiff’s claim was barred by the exclusivity provision of the WCA. The Supreme Court affirmed, holding that since both the PEO and Defendant were immediate employers who hired Plaintiff and provided workers’ compensation coverage, they were both entitled to the exclusive remedy of Article II, Section 16. View "Ramsbacher v. Jim Palmer Trucking" on Justia Law