Kleinhesselink v. Chevron, U.S.A.

Dan Kleinhesselink (Kleinhesselink) appeals from an order of the Thirteenth Judicial District Court, Stillwater County, dismissing his complaint for failure to state a claim upon which relief can be granted. We reverse and remand.

The issue on appeal is whether the District Court erred in dismissing Kleinhesselink’s complaint pursuant to Rule 12(b)(6), M.R.Civ.R, on the basis that the exclusivity clause of the Workers’ Compensation Act bars his claims.

Kleinhesselink was employed by the Stillwater Mining Company at the Stillwater Mine near Nye, Montana. He held various safety positions,…