 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Colmore v. Uninsured Employers' Fund9/22/2005
Submitted on Briefs: November 18, 2004
Rupert M. Colmore ("Colmore") appeals from a Judgment of the Workers' Compensation Court concluding that the decedent, Douglas Forgey ("Forgey") was Colmore's employee at the time he died in a work-related accident on September 14, 2000, and that Colmore, as an uninsured employer, is required to indemnify the Uninsured Employer's Fund for death benefits paid to Forgey's beneficiaries. We affirm in part and reverse in part.
We address the following issues on appeal:
1. Did the Workers' Compensation Court err in concluding that Forgey was not a casual employee and, therefore, was entitled to Workers' Compensation benefits?
2. Did the Workers' Compensation Court err in determining that an error in calculation of the benefits could be corrected more than a year after benefits were determined?
I. FACTUAL AND PROCEDURAL BACKGROUND
Colmore is a long time resident of Tennessee. Colmore retired from farming in Tennessee in 1994. However, he still owned a 400 acre clear-cut parcel in Tennessee that he was in the process of re-planting in 2000. Prior to retiring, Colmore established a limited partnership named Colmore Properties, L.P. ("Colmore Properties"), for the purpose of:
nvesting in, acquiring, developing, holding, constructing, managing, operating, leasing , subleasing, owning, selling, exchanging, or otherwise dealing in land, buildings, improvements, and any interest or rights therein for agricultural uses and management of natural resources . . . .
Colmore, his wife Eunice and their three daughters are limited partners of Colmore Properties. Colmore Management Company, L.L.C., is the general partner of Colmore Properties. Colmore was the "Chief Manager" of Colmore Management Company.
Colmore Properties acquired Poison Creek Ranch near Livingston, Montana, in August of 1997. When the ranch was initially purchased, it was primarily used for recreational purposes. The ranch consists of 680 acres and a home. The property was partially fenced, but the house and the fences were in a state of disrepair.
On January 1, 1998, Colmore individually leased the ranch from Colmore Properties. The purpose of the lease was described as follows:
The express purpose of this lease is for agricultural purposes only, specifically the grazing and caring of cattle, horses and livestock and the planting of feed grains and other livestock supporting crops; and the exclusive use and occupancy of the house located on the Premises.
The lease required Colmore to maintain the property as follows:
essee agrees to furnish all necessary material, labor, chemicals, seeds, fertilizers, and equipment to properly apply all necessary fertilizer; treat noxious weeds; maintain the land as agricultural land; plant, grow and harvest seasonal crops on the Premises; and conduct all agricultural practices reasonably related to the growth and harvest of seasonal crops on the Premises and grazing and care of cattle, horses, and livestock, all at the Lessee's sole cost and expense. Lessee shall cultivate the Premises in a good and husbandlike manner in accordance with the best agricultural methods, and in accordance with applicable laws, including environmental laws. Lessee shall be responsible for the maintenance, care and upkeep of the property.
Colmore Properties paid for the repairs to the home to make it habitable for Colmore and his wife. The Colmores moved into the home in November 1998. They lived there during the summer and returned to Tennessee each year for the winter months. Colmore maintained a small
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|