Repeal MCA 39-71-411
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My name is Shawn Guymon, I am a Montanan- born and bred here. I am a Disabled Air Force Veteran, and was an Injured Worker/Employee held HOSTAGE and robbed of Justice by this Provision. I am conducting this Crusade of Truth to STOP all enforcement of this Statute that Enslaves Montanans and provide Justice for ALL that have been or will be injured or killed in Montana while working! There have been more than 10,000 Montanans injured and/or killed while working, and the Corporations go unpunished and the families go unheeded. Monetary damages are CRIMINALLY LOW or non-existent for the injury or loss of a loved one.
I have filed several Legal Documents trying to force the Courts to address this Unconstitutional Provision, with no response for over 200 days.
JUSTICE DELAYED IS JUSTICE DENIED!!! The United States and Montana Constitution grants us “Redress of Grievance” for issues that affect our “Life, Liberty and Pursuit of Happiness”. Please join me in sending a message to our Legislators- “Montanans are BORN FREE and we will DIE FREE!” Repeal MCA 39-71-411!!
All we need is 50,000 Montanans to sign this Petition for FREEDOM. Please sign and tell your family and friends to sign also. This is for ALL Montanans and hopefully it will be used to help ALL Americans!
You, the worker/ employee are BOUND, as shown by the wording in the Statute using the word “binds” two (2) times. Barron’s Law Dictionary states, “ Bind- A Bind is something that OBLIGATES OR CONTRAINS the bound individual.”
This Provision is zealously enforced by ALL levels of government, Local, State, and Federal against Workers/Employees and their families to prevent large monetary awards should the Worker/Employee be injured or killed on the job. Where is the Justice in that? The Law Reads:
39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer. For all employments covered under the Workers' Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers' Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers' Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of the injuries or death. The Workers' Compensation Act binds the employee and, in case of death,binds the employee's personal representative and all persons having any right or claim to compensation for the employee's injury or death, as well as the employer and the servants and employees of the employer and those conducting the employer's business during liquidation, bankruptcy, or insolvency.
History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 329, L. 1979; amd. Sec. 61, Ch. 397, L. 1979; amd. Sec. 1543, Ch. 56, L. 2009.
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