Worker awarded workman's compensation for bear mauling
March 28, 2011
Helena, Montana: The Montana Supreme Court ruled that the Kalispell man, Brock Hopkins, is entitled to receive Workman's Compensation for being mauled while feeding bears at the Great Bear Adventures Park. This week's ruling upholds a decision last summer by Judge Jeremiah Shea which said Brock Hopkins was entitled to the award.[1]
The incident occurred three years ago in 2007. The first issue of the case was whether or not Hopkins was an actual employee when he was severely injured. Park owner Russell Kilpatrick claimed Hopkins was really only a volunteer. The second was that Hopkins had smoked non-medicinal marijuana before he tried to feed the bears.[1]
The court noted Shea's observation that grizzlies are "equal opportunity maulers" in their ruling, but said the Workers' Compensation Court was "correct" in determining his impairment wasn't a "major contributing cause" of his injuries, since there wasn't specific evidence about his level of impairment.[1]
The justices also noted Kilpatrick didn't carry worker's compensation insurance, but said Hopkins was acting within the "scope" of his employment. They then quoted Judge Shea's observations that Kilpatrick had "benefited" from Hopkins' care and feeding of the bears since "presumably customers are unwilling to pay cash to see dead and emaciated bears."[1]
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