Wild v. Fregein Construction

¶1 Kelly Wild appeals a judgment of the Workers’ Compensation Court dismissing his claim for benefits and concluding that the *428existence of a Certificate of Independent Contractor Exemption previously issued to Wild conclusively precluded any inquiry into whether Wild was an independent contractor (IC) or an employee. We reverse and remand for further proceedings consistent with this Opinion.

¶2 On appeal, Wild raised one broad issue which we restated for purposes of oral argument as follows:

¶3 1. Whether § 39-71-401(3), MCA, as a matter of law, conclusively precludes any factual inquiry into…