Quick Hits
As Simply Research readers know, a key step in whether a worker has a workers’ compensation claim is determining whether the injury arose out of and in the course of the worker’s employment.
So, what’s a case where it might look like the worker’s on the job but really isn’t it? State law tends to weigh in.
In Montana, for instance, an injury does not arise out of and in the course of employment when the employee is:
(1) On a paid or unpaid break, is not at a worksite of the employer, and is not performing any specific tasks for the employer during the break; or
(2) Engaged in an unpaid social or recreational activity, regardless of whether the employer pays for any portion of the activity or whether the activity occurs at the worksite of the employer. The exclusion from coverage does not apply to an employee who, at the time of injury, is on paid time while participating in a social or recreational activity and whose presence at the activity is required or requested by the employer.
Glossary Check
“Requested” means the employer asked the employee to assume duties for the activity so that the employee’s presence is not completely voluntary and optional and the injury occurred in the performance of those duties.
“Social or recreational activity” means an activity that is generally undertaken by individuals for exercise, relaxation, pleasure, or voluntary or optional preparation related to the employment.
