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MATHEWS v. BJS CONSTRUCTION, INC.

No. 02-244.

68 P.3d 865 (2003)

2003 MT 116

Mark MATHEWS, Petitioner and Appellant, v. BJS CONSTRUCTION, INC., a Montana Corporation, Employer, and Liberty Northwest Insurance Corporation, Respondent and Respondent.

Supreme Court of Montana.

Submitted October 24, 2002.

Decided April 29, 2003.

Attorney(s) appearing for the Case

Geoffrey C. Angel, Angel Law Firm, Bozeman, Montana, For Appellant.

Larry W. Jones, Carrie L. Garber, Jones & Garber, Missoula, Montana, For Respondent.

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

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

¶ 1 Mark Mathews appeals a determination of the Workers' Compensation Court concluding that because BJS Construction, Inc. (BJS) obtained a Certificate of Independent Contractor Exemption from Mathews at the time he was hired, Mathews is conclusively presumed to be excluded from the Workers' Compensation Act (the Act). We reverse and remand for further proceedings...

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