Heth v. Montana State Fund

Summary

The Montana Supreme Court affirmed the Workers’ Compensation Court’s determination that Montana State Fund was liable for benefits arising from Martin Heth Jr.’s intoxication-related workplace accident. The court held that Montana Code § 39-71-407(4) did not require the employer to have contemporaneous knowledge of the employee’s alcohol use; ongoing knowledge and failure to attempt to stop the use could trigger the statutory exception. The court also held that substantial credible evidence supported the factual findings concerning the employer’s knowledge and credibility.

Holdings

1. Section 39-71-407(4), MCA, does not require an employer to have knowledge of an employee's alcohol or drug use immediately before the accident. Ongoing knowledge that the employee regularly used alcohol while working, combined with a failure to attempt to stop that use, can trigger the exception.
2. Substantial credible evidence supported the Workers' Compensation Court's findings that Heth knew JR drank alcohol while working and that the drinking was regular or recurrent.
3. The Workers' Compensation Court's credibility findings were not inconsistent, and its decision to credit Heth's testimony about his knowledge while discounting his account of the amount JR drank did not constitute error.

Questions Presented

1. Whether section 39-71-407(4), MCA (2005), requires an employer to have contemporaneous or specific knowledge of an employee's alcohol use immediately before an accident for the employer-knowledge exception to apply.
2. Whether substantial credible evidence supported the Workers' Compensation Court's findings that Heth knew his son consumed alcohol while performing employment duties and that the drinking was regular or recurrent.
3. Whether the Workers' Compensation Court's credibility findings concerning Heth were inconsistent and erroneous.

Disposition

affirmed