Legal Opinion

St. John's Lutheran Church v. State Compensation Insurance Fund

Montana Supreme Court

Decided February 6, 1992No. 91-324PublishedCited by 16 opinions

1Opinion of the CourtJustice Hunt

This matter is before the Court on appeal from the Workers’ Compensation Court which held that appellant’s pastor was an employee of St. John’s Lutheran Church for purposes of workers’ compensation coverage. Appellant argues that the pastor is an independent contractor and not an employee. Appellant also argued unsuccessfully before the Workers’ Compensation Court that the designation of the pastor as an employee violated the free exercise clause of both the United States and Montana Constitutions. We affirm.

We phrase the issues before this Court as follows:

1. Did the Workers’ Compensation…

2Cases cited11 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  5. United States v. LeeSupreme Court of the United States · 1982

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3Cited by16 opinions

  1. Armstrong v. StateMontana Supreme Court · 1999
  2. Davis v. Church of Jesus Christ of Latter Day SaintsMontana Supreme Court · 1993
  3. Big Sky Colony, Inc. v. Montana Department of Labor & IndustryMontana Supreme Court · 2012
  4. Hofer v. MONTANA DPHHSMontana Supreme Court · 2005
  5. Lundberg v. LIBERTY NORTHWEST INS. CO. INC.Montana Supreme Court · 1994

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