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Vleet v. Montana Association of Counties Workers' Compensation Trust2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial of this matter was held in Great Falls, Montana, on June 2, 2003. The petitioner was represented by Mr. Daniel B. Bidegaray and Ms. Anna M. Bidegaray. Respondent was represented by Mr. Norman H. Grosfield. Post-trial briefing was requested by the Court and completed on June 16, 2003, at which time the case was deemed submitted for decision.
Exhibits: Exhibits 1 through 13 were admitted without objection.
Witnesses and Depositions: Petitioner, Mark Stolen, Wendy Sesselman, and Tom Miller testified at trial. No depositions were submitted.
Issues Presented: The issues as set forth in the Pretrial Order are:
a Whether Shawn Van Vleet was within the course and scope of his employment at the time of his death.
b Whether Ms. Van Vleet [petitioner] is precluded from receiving benefits under the provisions of Section 39-71-407(4), MCA.
c Whether beneficiaries are excluded from receiving benefits based on the employees's use of alcohol.
d Whether Ms. Van Vleet is entitled to an award of the twenty percent (20%) penalty pursuant to Section 39-71-2907, MCA, and to attorney's fees.
(Pretrial Order at 3.) Respondent objected to the inclusion of issue 3, however, that issue is encompassed in issue 2. The objection is overruled.
Having considered the Pretrial Order, the testimony presented at trial, the demeanor and credibility of the witnesses, the exhibits, and the arguments of the parties, the Court makes the following:
FINDINGS OF FACT
The petitioner is the widow of Shawn Van Vleet, who died January 31, 2001, as a result of a fall from the fourth or fifth floor balcony of the Holiday Inn in Great Falls, Montana, while attending a Montana Narcotics Officers Association (MNOA) meeting.
At the time of his death, the decedent was a Deputy Sheriff for Phillips County but was assigned to the Tri-Agency Drug Task Force (Task Force). The Task Force was an inter-governmental agency organized by the City of Havre and several counties. It was staffed by three law enforcement agents assigned from the various governmental entities participating in the Task Force. Mark Stolen (Stolen) was the project director for the Task Force and deputy Van Vleet's direct supervisor while he was assigned to the Task Force. Deputy Van Vleet was the Team Leader and supervised other agents.
The MNOA is a statewide association of law enforcement officers. On January 30 and 31, 2001, MNOA sponsored a conference of its members at the Holiday Inn in Great Falls. The conference included law enforcement agents from around the state, prosecutors, and law enforcement equipment vendors. Law enforcement vendors displayed their products during the conference. Courses relevant to drug law enforcement were scheduled for January 31st.
Registration for the meeting was held on the afternoon and evening of January 30, 2001. Deputy Van Vleet and Stolen arrived at approximately 5:00 p.m.
A hospitality room was opened to conference participants. The hospitality room was a place which allowed agents to network with one another and with prosecutors, and to meet vendors of equipment they might purchase and use in their work. Networking and meeting vendors was considered a benefit to the Task Force. Stolen testified that at the time of the conference, the Task Force was contemplating equipment purchases. Stolen's testimony showed that the Task Force benefitted from deputy Van Vleet's socializing in the hospitality room on the evening of January 30th.(2)
Food
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