MT Supreme Court Validates Intentional Injury Standard for WC Exclusive Remedy

The Montana Supreme Court has validated the intentional injury rule for piercing of the workers' compensation exclusive remedy rule. In Harris v The State of Montana and Department of Corrections, the court found that the employer's training in the use of tasers did not go beyond knowledge that an injury was possible. In order to pierce the exclusive remedy rule, an injured worker must show that the employer has acutal knowledge of the injury's certainty as required by the statute (Alexander (Mont. 2010).