Montana has the dubious distinction of having the most expensive workers’ compensation system in the country. The State Legislature and Governor are currently revamping the system to make it more affordable and employer friendly. A group of state representatives proposed to disallow benefits to illegal aliens.
At first blush this may seem to be a reasonable patriotic way to reduce costs. However, it would likely have unintended consequences. Employers could hire illegal aliens knowing that any work related injury would not be a mark on their insurance increasing rates. That exclusion would encourage the hiring of illegal aliens by employers. Furthermore, a worker who is providing labor for an employer should have access to the worker’s compensation system. It could be more expensive if the undocumented worker is allowed to pursue the claim in civil court.
Cooler heads prevailed and the provision to exclude illegal aliens was tabled. However, there was an amusing case recently which indicated the system provides absurd coverage to citizens.
A “wannabe” animal trainer at a natural zoo in Montana got wasted on marijuana to perform what the lower court described as “mindboggling stupid” act with a wild grizzly bear and got mauled. The landowner denied that the “Marijuana Grizzly Adams” was an employee but rather a hanger on looking for handouts. However “RED”, the grizzly who mauled “Marijuano Grizzly Adams” did not like the competitor and put “Red” in the hospital when the marijuana smoking claimant tried to feed the bear. The court record is unbelievable.
“Red”, the largest bear in the enclosure, knocked “Marijuana” to the ground, sat on him and bit his leg and buttocks. “Marijuana” was able to escape when a second bear, named “Brodie”, bit Red. “Marijuana” was found passed out under an electric fence and treated for puncture and bite wounds.
The Montana Workers’ Comp Appeals Board ruled that “Marijuana” was an employee and covered by the system. So, it would be appropriate to cover “Marijuana” but exclude the hard working Mexican injured on a ranch doing farm work?