MT Legislature Firms Up Standard of Proof for "Intentional Injury"
The Montana legislature passed, and the Governor signed into law, HB-0232. The change creates a higher standard of proof for claims against an employer or fellow employee for 'intentional' injuries alleged to go beyond the Exclusive Remedy. Allegations after the effective date of the change (July 1, 2013) must now show that the intentional and deliberate injury through "clear and convincing evidence".