Mathews v. BJS Construction, Inc.

¶1 Mark Mathews appeals a determination of the Workers’ Compensation Court concluding that because BJS Construction, Inc. (BJS) obtained a Certificate of Independent Contractor Exemption from Mathews at the time he was hired, Mathews is conclusively presumed to be excluded from the Workers’ Compensation Act (the Act). We reverse and remand for further proceedings consistent with this Opinion.

¶2 On appeal, Mathews raised three issues which we restated for purposes of oral argument as follows:

¶3 1. Whether § 39-71-401(3), MCA, as a matter of law, conclusively precludes any factual inquiry into…