Case: Brock Hopkins, Vs. Uninsured Employers’ Fund,(Supreme Court Of Montana 2011)
Appeal outcome: Hopkins got injured while working at his employer’s bear park in Montana. The workers’ compensation court ruled in favor of Hopkins upon establishing that at the time of the injury, Mr. Hopkins was in the course and scope of his employment. This is because when he was injured, he was feeding the bears, and his employer benefitted from the care as well the activity of feeding the bears as visitors paid to see the bears and definitely would not pay to see emaciated bears. On the question of whether marijuana was the major contributing factor in the Hopkins Injuries, the WCC court ruled that there was no adequate evidence nor proof of the level of impairment to support Kilpatricks’ claims. WCC ruled in favor of Hopkins by concluding that Brock Hopkins was employed by Kilpatrick, and Hopkins was acting in the course and scope of employment at the time of his injuries. Hopkins won the appeal. The decision of WCC was affirmed.
Issue: Was the WCC’s judgment errand in the interpretation of the facts surrounding the case on the Question of Hopkin having been in the course and scope of his employment at the time of is injury as well as the role of marijuana in contributing to his judgment impairment and hence injury? (Supreme court’s Answer: No)
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