Vleet v. Montana Ass'n of Counties Workers' Compensation Trust

¶1 Mindy Van Vleet (Van Vleet), individually and as natural guardian of Vanesa Van Vleet, appeals from the judgment entered by the Montana Workers’ Compensation Court (WCC) on its order dismissing her petition requesting death benefits pursuant to the Montana Workers’ Compensation Act for the death of Shawn Van Vleet (Shawn). We reverse.

¶2 The issue on appeal is whether the WCC erred in determining that Shawn was not within the course and scope of his employment at the time of the fall which resulted in his death.

BACKGROUND

¶3 At the time of his death, Shawn was employed as a deputy for the…