Plainbull v. Transamerica Insurance

The claimant, Larry C. Plainbull (Plainbull), appeals from Findings of Fact, Conclusions of Law, and a Judgment entered by the Workers’ Compensation Court in favor of the respondent. We reverse and remand.

The issue on appeal is whether the Workers’ Compensation Court correctly interpreted § 39-71-407, MCA (1989).

The facts of this case are straightforward and essentially undisputed. On May 10, 1991, Plainbull was employed as a laborer for Draney Information Service (Draney) on the movie set for “The Irish Story” (later renamed “Far and Away”). Plainbull was cleaning the walls of a train tunnel…