Total Mechanical Heating & Air Conditioning v. EMPLOYMENT RELATIONS DIVISION

¶1 On June 26,2000, the Workers’ Compensation Court of the State of Montana reversed the State of Montana Department of Labor and Industry Hearings Bureau, concluding that the thirteen petitioner companies were uninsured employers for specified periods of time and, as such, were subject to the statutory penalties originally assessed by the Department of Labor and Industry, Employment Relations Division, Uninsured Employers’ Fund. We affirm.

ISSUES

¶2 The following issues are raised by the parties:

a. Was the correct burden of proof applied to the parties in this case?

b. Were the Montana…