Schimmel v. Montana Uninsured Employers Fund

¶1 Arthur Schimmel appeals from the Findings of Fact, Conclusions of Law and Judgment issued by the Workers’ Compensation Court dismissing his petition for workers’ compensation benefits. The following issue is dispositive of Schimmel’s appeal: whether the Workers’ Compensation Court erred when it determined that Schimmel’s employer, Jasper Express, Inc., was not required to provide Schimmel with workers’ compensation coverage. We reverse and remand for proceedings consistent with this opinion.

BACKGROUND

¶2 Arthur Schimmel was injured on November 18, 1998, while loading posts onto a trailer in…