Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 72. OCCUPATIONAL DISEASE ACT OF MONTANA (Repealed) · Part 3. Coverage and Liability (Repealed)
Montana Code Annotated

Mont. Code Ann. § 39-72-303 (2026)

Repealed

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 72
  4. Part 3
  5. 39-72-303 Repealed

TITLE 39. LABOR

CHAPTER 72. OCCUPATIONAL DISEASE ACT OF MONTANA (Repealed)

Part 3. Coverage and Liability (Repealed)

Repealed

39-72-303. Repealed. Sec. 38, Ch. 416, L. 2005.

History: En. Sec. 10, Ch. 155, L. 1959; amd. Sec. 2, Ch. 190, L. 1971; R.C.M. 1947, 92-1310; amd. Sec. 1, Ch. 112, L. 1985; amd. Sec. 5, Ch. 619, L. 1993.

Notes of Decisions
Cited in 11 cases, 1994–2018 · leading case: Caekaert v. State Comp. Mut. Ins., 885 P.2d 495 (Mont. 1994).
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Caekaert v. State Comp. Mut. Ins., 885 P.2d 495 (Mont. 1994). · cites it 3× “Section 39-72-303(1), MCA, provides that “[w]here compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.” (Emphasis added.”
Lanes v. Montana State Fund, 2008 MT 306, 192 P.3d 1145. · cites it 13× “¶13 State Fund now appeals the WCC’s decision, presenting the following issues on appeal: ¶14 Issue One: Did substantial credible evidence support the WCC’s factual findings that Lanes’ employment as a minister did not significantly aggravate his right knee condition? ¶15 Issue…”
Abfalder v. Nationwide Mut. Fire Ins., 2003 MT 180, 75 P.3d 1246. · cites it 11× “(1) Where compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.”
Nelson v. Cenex, Inc., 2008 MT 108, 181 P.3d 619. · cites it 3× “Section 39-72-303(1), MCA (2003) (repealed in 2005 and merged within the WCA at § 39-71-407, MCA).”
In re Abfalder, 2003 MT 180, 75 P.3d 1246. · cites it 11× “(1) Where compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.”
Liberty Nw. Ins. v. Champion Int'l Corp., 945 P.2d 433 (Mont. 1997). · cites it 3× “Section 39-72-303(1), MCA, provides that “[w]here compensation is payable for an occupational disease, the only employer liable is the employer in whose *80 employment the employee was last injuriously exposed to the hazard of the disease.”
Kratovil v. Liberty Nw. Ins. Corp., 2008 MT 443, 200 P.3d 71. · cites it 8× “¶20 Additionally, because occupational disease frequently manifests over several years and possibly several employers, § 39-72-303, MCA (2003), stated, in relevant part: Which employer liable.”
Montana State Fund v. Murray, 2005 MT 97, 111 P.3d 210. · cites it 2× “” ¶29 Section § 39-72-303(2), MCA, provides that the insurer providing coverage at the earlier of (a) the date an occupational disease was first diagnosed, or (b) the date the employee “knew or should have known that the condition was the result of an occupational disease” is…”
Mont. State Fund v. Liberty Nw. Ins. Corp., 2018 MT 188, 425 P.3d 646. · cites it 21× “¶ 23 On appeal, we interpreted the codification of the "last injurious exposure" rule found at § 39-72-303(1), MCA. ***227 Caekaert , 268 Mont.”
Romero v. Liberty Mut. Ins., 2001 MT 303N. · cites it 4× “Resolution of this issue required the Workers' Compensation Court to apply the "last injurious exposure" rule found at § 39-72-303(1), MCA, to Romero's claim. The "last injurious exposure" rule provides that: "Where compensation is payable for an occupational disease, the only…”
Banco v. Liberty Nw. Ins., 2012 MT 3, 268 P.3d 13. · cites it 6× “Although §39-72-303 was part of the since-repealed Occupational Disease Act of Montana, we apply it here since an employee’s last day of work is “the point in time from which [an] occupational disease claim [will] flow.”
Mont. Code Ann. § 39-72-303(1): 8 cases
Caekaert v. State Comp. Mut. Ins., 885 P.2d 495 (Mont. 1994). “Section 39-72-303(1), MCA, provides that “[w]here compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.” (Emphasis added.”
Lanes v. Montana State Fund, 2008 MT 306, 192 P.3d 1145. “¶13 State Fund now appeals the WCC’s decision, presenting the following issues on appeal: ¶14 Issue One: Did substantial credible evidence support the WCC’s factual findings that Lanes’ employment as a minister did not significantly aggravate his right knee condition? ¶15 Issue…”
Nelson v. Cenex, Inc., 2008 MT 108, 181 P.3d 619. “Section 39-72-303(1), MCA (2003) (repealed in 2005 and merged within the WCA at § 39-71-407, MCA).”
Liberty Nw. Ins. v. Champion Int'l Corp., 945 P.2d 433 (Mont. 1997). “Section 39-72-303(1), MCA, provides that “[w]here compensation is payable for an occupational disease, the only employer liable is the employer in whose *80 employment the employee was last injuriously exposed to the hazard of the disease.”
Kratovil v. Liberty Nw. Ins. Corp., 2008 MT 443, 200 P.3d 71. “¶20 Additionally, because occupational disease frequently manifests over several years and possibly several employers, § 39-72-303, MCA (2003), stated, in relevant part: Which employer liable.”
Mont. Code Ann. § 39-72-303(2): 4 cases
Abfalder v. Nationwide Mut. Fire Ins., 2003 MT 180, 75 P.3d 1246. “(1) Where compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.”
Montana State Fund v. Murray, 2005 MT 97, 111 P.3d 210. “” ¶29 Section § 39-72-303(2), MCA, provides that the insurer providing coverage at the earlier of (a) the date an occupational disease was first diagnosed, or (b) the date the employee “knew or should have known that the condition was the result of an occupational disease” is…”
In re Abfalder, 2003 MT 180, 75 P.3d 1246. “(1) Where compensation is payable for an occupational disease, the only employer liable is the employer in whose employment the employee was last injuriously exposed to the hazard of the disease.”
Mont. State Fund v. Liberty Nw. Ins. Corp., 2018 MT 188, 425 P.3d 646. “¶ 23 On appeal, we interpreted the codification of the "last injurious exposure" rule found at § 39-72-303(1), MCA. ***227 Caekaert , 268 Mont.”
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