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TOTAL MECHANICAL HEATING & AIR CONDITIONING v. EMPLOYMENT RELATIONS DIVISION

No. 01-057.

43 P.3d 935 (2002)

2002 MT 55

TOTAL MECHANICAL HEATING & AIR CONDITIONING; Riverside Construction; ABC Seamless; AAA Construction of Missoula; HI Country Mini Motors; Dee Mortensen, d/b/a Dee's Drapery Shop; Flathead Janitorial, Inc.; Rainglow Services, Inc.; Tri-Star Pizza, d/b/a Little Caesar; Montana Glass, Inc.; Johnson Brothers Contracting; Eureka Pellet Mills, Inc.; Enviroheat; and Human Dynamics Corporation, Petitioners and Appellants, and HRC/HRC Armco, Inc., v. EMPLOYMENT RELATIONS DIVISION, UNINSURED EMPLOYERS' FUND, Respondent.

Supreme Court of Montana.

Decided March 26, 2002.

Attorney(s) appearing for the Case

Andrew J. Utick, Helena, Montana, Dennis Lind, Missoula Montana (Total Mechanical); Peter J. Stokstad, Missoula, Montana (HRC), For Appellants.

Daniel B. McGregor, Montana State Fund (UEF), Helena, Montana, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On June 26, 2000, the Workers' Compensation Court of the State of Montana reversed the State of Montana Department of Labor and Industry Hearings Bureau, concluding that the thirteen petitioner companies were uninsured employers for specified periods of time and, as such, were subject to the statutory penalties originally assessed by the Department of Labor and Industry, Employment Relations Division...

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