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WILD v. FREGEIN CONSTRUCTION

No. 02-198.

68 P.3d 855 (2003)

2003 MT 115

Kelly WILD, Petitioner and Appellant, v. FREGEIN CONSTRUCTION, Employer, and Montana State Compensation Insurance Fund, Respondent and Respondent.

Supreme Court of Montana.

Submitted October 24, 2002.

Decided April 29, 2003.

Attorney(s) appearing for the Case

Lucas J. Foust, Foust Law Firm, Bozeman, Montana; Jim Hunt, Hunt & Molloy, Helena, Montana, for Appellant.

Greg E. Overturf, Special Assistant Attorney General, Montana State Fund, Helena, Montana, for Respondent.

Lawrence A. Anderson, Great Falls, Montana (MTLA); Michael S. Kakuk, Hoovestal, Kakuk & Fanning, Helena, Montana, Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, Montana (MBIA), for Amicus.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Kelly Wild appeals a judgment of the Workers' Compensation Court dismissing his claim for benefits and concluding that the existence of a Certificate of Independent Contractor Exemption previously issued to Wild conclusively precluded any inquiry into whether Wild was an independent contractor (IC) or an employee. We reverse and remand for further proceedings consistent with this Opinion.

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