Legal Opinion

Michalak v. Liberty Northwest Ins. Corp.

Montana Supreme Court

Decided January 3, 2008No. DA 07-0208PublishedCited by 2 opinions

1Opinion of the CourtJustice Leaphart

¶1 Liberty Northwest Insurance Corporation (Liberty) appeals from the judgment of the Workers’ Compensation Court (WCC). We affirm.

¶2 We restate the issues as follows:

¶3 Did the WCC err when it concluded that Michalak’s injury-occurred during the course and scope of his employment?

¶4 Did Michalak abandon his employment by participating in reckless behavior?

BACKGROUND

¶5 On July 23, 2005, Curtis M. Michalak (Michalak) suffered an injury while riding a wave runner at his employer’s annual company picnic at Flathead Lake. At the time of his injury, Michalak worked for Felco Industries, Ltd.…

2Cases cited6 opinions

  1. Courser v. Darby School Dist. No. 1Montana Supreme Court · 1984
  2. Taylor v. State Compensation Insurance FundMontana Supreme Court · 1996
  3. Wilson v. Liberty Mutual Fire InsuranceMontana Supreme Court · 1995
  4. Simms v. State Compensation Insurance FundMontana Supreme Court · 2005
  5. Connery v. Liberty Northwest Ins. Corp.Montana Supreme Court · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. SIEBKEN v. Liberty Mutual Insurance Co.Montana Supreme Court · 2008
  2. Hopkins v. Uninsured Employers' FundMontana Supreme Court · 2011

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