Alleged Employer Fails to Adequately Plead Fraud Defense

The Montana Workers’ Compensation Court ruled that a business owner could not raise a fraud defense to a claim for reimbursement by the Uninsured Employers' Fund for benefits paid to his alleged employee. Case: Rice v. Johnston, No. 2020-5082, 02/25/2021, published. Facts and procedural history: Mary Jo Johnston filed a workers’ compensation claim, asserting she was an employee of Rice Properties. According to her, Rice Properties was operated by John Rice. The Uninsured Employers' Fund accepted liability for Johnston's injury and notified Rice that, as an uninsured ...