Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 39-71-120 (2026)

Repealed

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 1
  5. 39-71-120 Repealed

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 1. General Provisions

Repealed

39-71-120. Repealed. Sec. 13, Ch. 448, L. 2005.

History: En. 92-438.1 by Sec. 1, Ch. 251, L. 1973; R.C.M. 1947, 92-438.1; amd. Sec. 5, Ch. 314, L. 1987; amd. Sec. 30, Ch. 500, L. 1995; amd. Sec. 11, Ch. 548, L. 1997.

Notes of Decisions
Cited in 18 cases, 1981–2005 · leading case: Wild v. Fregein Constr., 2003 MT 115 (Mont. 2003).
Sort: Relevance Newest Treatment
Wild v. Fregein Constr., 2003 MT 115 (Mont. 2003). · cites it 36× “Whether § 39-71-401(3), MCA, read in conjunction with § 39-71-120, MCA, requires the employer to make an initial good faith inquiry of the worker to determine that he or she does, in fact, meet the control and independently established business tests before the employer employs…”
State Ex Rel. State Comp. Mut. Ins. Fund v. Berg, 927 P.2d 975 (Mont. 1996). · cites it 34× “The State Fund argued that § 39-71-120(2), MCA, contains a presumption that an individual performing services for remuneration is an employee unless the requirements of § 39-71-120(1), MCA, for independent contractor status are met, and that Berg had not rebutted that…”
Mathews v. BJS Constr., Inc., 2003 MT 116 (Mont. 2003). · cites it 30× “Whether § 39-71-401(3), MCA, read in conjunction with § 39-71-120, MCA, requires the employer to make an initial good faith inquiry of the worker to determine that he or she does, in fact, meet the control and independently established business tests before the employer employs…”
Solheim v. Tom Davis Ranch, 677 P.2d 1034 (Mont. 1984). · cites it 12× “The Court concluded in its judgment that claimant was not an employee as defined by section 39-71-118(1)(a), MCA, but rather was an independent contractor as defined by section 39-71-120, MCA. The Court further concluded that claimant was not entitled to benefits under the Act.”
Carlson v. Cain, 664 P.2d 913 (Mont. 1983). · cites it 9× “The third argument made by the Gazette is that Jerry Cain was an independent contractor of the Gazette, within the meaning of section 39-71-120, MCA, which provides: “An ‘independent contractor’ is one who renders service in the course of an occupation and: “(1) has been and…”
Walling v. Hardy Constr., 807 P.2d 1335 (Mont. 1991). · cites it 12× “In concluding that Walling was an independent contractor, did the Workers’ Compensation Court err in its analysis of the control factor of § 39-71-120, MCA? 3. Did the Workers’ Compensation Court err by applying § 39-71-401, MCA, as a basis for denying Hardy Construction’s…”
Lundberg v. Liberty Nw. Ins. Co. Inc., 887 P.2d 156 (Mont. 1994). · cites it 16× “Section 39-71-120, MCA, defines an independent contractor as follows: (1) .”
Geiger v. Uninsured Employers' Fund, 2002 MT 332 (Mont. 2002). · cites it 4× “Conversely, during the trial Deckert argued that Geiger was precluded from workers' compensation benefits because Geiger was an independent contractor as defined in § 39-71-120, MCA (1997). ¶ 12 The Workers' Compensation Court ruled that Deckert was not an "employer," and that…”
Doig v. Graveley, 809 P.2d 12 (Mont. 1991). · cites it 8× “The applicable statute, § 39-71-120, MCA (1987), defines "independent contractor": (1) An "independent contractor" is one who renders service in the course of an occupation and: (a) has been and will continue to be free from control or direction over the performance of the…”
Matter of the Wage Claim of Ramsey v. Yellowstone Neurosurgical Assocs., P.C., 2005 MT 317 (Mont. 2005). · cites it 2× “In contrast, the District Court determined that Ramsay met both prongs of the “AB” test of § 39-71-120, MCA (1999). For example, YNA paid Ramsay on a lump sum basis, she provided her services to other physicians, and Ramsay had the freedom to decline work that YNA offered.”
State Ex Rel. Uninsured Employers' Fund v. Hunt, 625 P.2d 539 (Mont. 1981). · cites it 3× “1947 [now section 39-71-120, MCA] to the factual situation results in a determination that appellant was in fact subject to the control of Hoerner Waldorf and thus is an employee for purposes of the Workers’ Compensation Act.”
St. John's Lutheran Church v. State Comp. Ins. Fund, 830 P.2d 1271 (Mont. 1992). · cites it 3× “Section 39-71-120, MCA, defines an independent contractor as follows: (1) An “independent contractor” is one who renders service in the course of an occupation and: (a) has been and will continue to be free from control or direction over the performance of the services, both…”
Show all 18 citing cases →
— Mont. Code Ann. § 39-71-120(1) — 6 cases
State Ex Rel. State Comp. Mut. Ins. Fund v. Berg, 927 P.2d 975 (Mont. 1996). “The State Fund argued that § 39-71-120(2), MCA, contains a presumption that an individual performing services for remuneration is an employee unless the requirements of § 39-71-120(1), MCA, for independent contractor status are met, and that Berg had not rebutted that…”
Carlson v. Cain, 664 P.2d 913 (Mont. 1983). “The third argument made by the Gazette is that Jerry Cain was an independent contractor of the Gazette, within the meaning of section 39-71-120, MCA, which provides: “An ‘independent contractor’ is one who renders service in the course of an occupation and: “(1) has been and…”
Lundberg v. Liberty Nw. Ins. Co. Inc., 887 P.2d 156 (Mont. 1994). “Section 39-71-120, MCA, defines an independent contractor as follows: (1) .”
Loos for Loos v. Waldo, 849 P.2d 166 (Mont. 1993).
Thoreson v. Uef Hinkle, 2002 MT 6N (Mont. 2002).
— Mont. Code Ann. § 39-71-120(1)(a) — 2 cases
Wild v. Fregein Constr., 2003 MT 115 (Mont. 2003). “Whether § 39-71-401(3), MCA, read in conjunction with § 39-71-120, MCA, requires the employer to make an initial good faith inquiry of the worker to determine that he or she does, in fact, meet the control and independently established business tests before the employer employs…”
Thoreson v. Uef Hinkle, 2002 MT 6N (Mont. 2002).
— Mont. Code Ann. § 39-71-120(1)(b) — 2 cases
Lundberg v. Liberty Nw. Ins. Co. Inc., 887 P.2d 156 (Mont. 1994). “Section 39-71-120, MCA, defines an independent contractor as follows: (1) .”
Doig v. Graveley, 809 P.2d 12 (Mont. 1991). “The applicable statute, § 39-71-120, MCA (1987), defines "independent contractor": (1) An "independent contractor" is one who renders service in the course of an occupation and: (a) has been and will continue to be free from control or direction over the performance of the…”
— Mont. Code Ann. § 39-71-120(1)(c) — 1 case
Thoreson v. Uef Hinkle, 2002 MT 6N (Mont. 2002).
— Mont. Code Ann. § 39-71-120(2) — 4 cases
State Ex Rel. State Comp. Mut. Ins. Fund v. Berg, 927 P.2d 975 (Mont. 1996). “The State Fund argued that § 39-71-120(2), MCA, contains a presumption that an individual performing services for remuneration is an employee unless the requirements of § 39-71-120(1), MCA, for independent contractor status are met, and that Berg had not rebutted that…”
Spain v. Montana Dep't of Revenue, 2002 MT 146 (Mont. 2002).
Loos for Loos v. Waldo, 849 P.2d 166 (Mont. 1993).
Thoreson v. Uef Hinkle, 2002 MT 6N (Mont. 2002).
— Mont. Code Ann. § 39-71-120(l)(a) — 1 case
Wild v. Fregein Constr., 2003 MT 115 (Mont. 2003). “Whether § 39-71-401(3), MCA, read in conjunction with § 39-71-120, MCA, requires the employer to make an initial good faith inquiry of the worker to determine that he or she does, in fact, meet the control and independently established business tests before the employer employs…”
— Mont. Code Ann. § 39-71-120(l)(b) — 2 cases
Lundberg v. Liberty Nw. Ins. Co. Inc., 887 P.2d 156 (Mont. 1994). “Section 39-71-120, MCA, defines an independent contractor as follows: (1) .”
Doig v. Graveley, 809 P.2d 12 (Mont. 1991). “The applicable statute, § 39-71-120, MCA (1987), defines "independent contractor": (1) An "independent contractor" is one who renders service in the course of an occupation and: (a) has been and will continue to be free from control or direction over the performance of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.