Dale v. Trade Street, Inc.

This is an appeal from the Worker’s Compensation Court of a judgment concluding that the claimant, David Dale, was injured during the course and scope of his employment. We reverse.

There are three issues on appeal:

1. Did the Worker’s Compensation Court err in determining that David Dale was injured in the course and scope of his employment?

2. Did the Worker’s Compensation Court correctly apply § 39-71-407(3), MCA?

3. Did the Worker’s Compensation Court err in failing to assess costs against the appellant?

David Dale (Dale) was a long haul trucker for Trade Street Inc. As part of his employment,…