• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Case of the 'mind-bogglingly stupid' worker: Part Deux

Christian Schappel
by Christian Schappel
May 4, 2011
2 minute read
  • SHARE ON

Remember the man who was awarded workers’ comp benefits after deciding to smoke pot and then feed a grizzly bear? Well, his employer appealed the benefits ruling, and a state supreme court issued a final decision. 
First a little backstory: Last year, we told you about an employee who was mauled by a grizzly at Great Bear Adventures in West Glacier, MT.
The employee was high at the time — and escaped with his life only after another bear distracted the grizzly that had bit the worker in the leg, knee and buttocks.
He admitted that he had gotten high before entering the bear enclosure — and then applied to the Montana Uninsured Employers’ Fund for workers’ comp, because his employer didn’t have workers’ comp insurance.
His claim was initially denied. But after he appealed to Montana’s Workers’ Compensation Court, he was granted benefits.
Reason? While a judge noted the use of marijuana to kick off the day was “mind-bogglingly stupid,” there was no evidence that smoking pot was the major cause of the bear attack.
The judge wrote: “Grizzlies are equal opportunity maulers, attacking without regard to race, creed, ethnicity, or marijuana usage.”
Back in court
Not satisfied with that ruling, the man’s employer and Montana’s Uninsured Employers’ Fund appealed to the Montana Supreme Court. They claimed:

  • The employee was a volunteer, performing services in return for aid and sustenance only, and
  • That the worker’s marijuana use was a major contributing cause of his injuries.

The state supreme court shot down both arguments.
First, it said there was no evidence the man was just a volunteer. It sided with the workers’ comp court’s ruling: “There is a term of art used to describe the regular exchange of money for favor — it is called ’employment.'”
Second, the state supreme court agreed with the assessment that the employee’s use of marijuana wasn’t a contributing factor that caused his injuries.
In the end, Montana’s Workers’ Compensation Court and state supreme court ruled that bears don’t care whether someone’s been smoking pot.
Result: The man gets to keep his workers’ comp benefits.
Cite: Hopkins v. Uninsured Employers’ Fund
Do you agree with the state supreme court’s ruling? Share your opinions in the Reply box below.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader