Montana News
Man mauled by grizzly after smoking pot gets workers' comp
Posted: Jun 4, 2010 8:33 AM by Dennis Bragg (KPAX Missoula)
Updated: Jun 4, 2010 9:33 AM
A state judge has extending workers compensation to a Kalispell man, while saying his decision to use marijuana before feeding grizzly bears was "ill advised".
The comments come in a recent Montana Worker's Compensation Court case involving Brock Hopkins, who was mauled while feeding the bears at the Great Bear Adventures Park in West Glacier three years ago.
The issue centered over the question of whether Hopkins was an actual employee when he was severely injured while feeding the bears shortly before the park shut down operations for the season.
Park owner Russell Kilpatrick maintained that Hopkins was really a volunteer.
Also in question was Hopkins smoking of marijuana - not for medicinal purposes - before he tried to feed the bears.
Judge James Jeremiah Shea, however, ruled that Hopkins was an employee who had been compensated and was "within the scope of his employment" while working at the park.
While the judge said it was "mind-bogglingly stupid" for Hopkins to have smoked pot and then entered the bear pen, he didn't find his impairment was a "major factor" in his mauling.
"When a grizzly bear is sighted on a trail in Glacier National Park, the trail is closed to all hikers, not just the hikers who may have recently smoked marijuana," the judge in the ruling. "Kilpatrick installed multiple electrified fence lines at the bear park to separate the grizzly bears from all customers, not just the customers who may have recently smoked marijuana. When it comes to attacking humans, grizzlies are equal opportunity maulers."
The ruling means that Hopkins will be able to recover at least some of his medical expenses stemming from the attack.
You can read more about this case at the WorkersCompInsider blog.
Fred Freedom at Jun 4th 2010 12:38 PM
As is the norm in these sensationalist reefer-madness days of Montana journalism, the story buries the lede... That the judge didn't find his impairment was a "major factor" in his mauling.
How many workers comp settlements go to workers whop drank before their accidents? These don't make the news, since they don't comply with Montana media's pot hysteria and their recent discovery that Montanans smoke pot.
Maybe the bear was reading Montana papers and decided that all pot users are evil and must be mauled.
Also, this bear park is pretty unfortunate operation that exploits bears for tourists. Congrats to the judge for some common sense on this one.
Randomarrow at Jun 5th 2010 1:23 AM
Actually bears, like most animals such as wolverines, beavers or house cats attack when cornered and confronted with aggressive behavior. If Mr. Hopkins was really toasted - .20 alky for example - he might well have provoked the beast. If he was mellow yellow he would more likely have sat down with the bear and talked about how sometimes the world just sucks. Bears are really intelligent critters and rarely give up the opportunity for a good conversation, especially with a human. My guess is that the bear had finally just had it living in a cage surrounded by electrified fence and just wanted to be free. Unfortunately, Mr. Hopkins was in the wrong place at the wrong time. Here's hoping that Mr. Bear is still a juvie, in bear years and is treated appropriately. Must be some place in Montana that has about 50 square miles that needs a bear.
a carring care giver at Jun 5th 2010 9:31 AM
if this person was on oxies or some other major pill would it still be on issue?
my doc perscribed me 650mgs of darvicets 6 times a day and 30mg of flexeral for my pain. how are you supposed to raise a family and go to work that drugged up?
so what if he smoked some meds be fore he went to work. there are alot worse things that person could of been on, and they are just as perscribed as mm. if not 10 times moore often.
ROODNEY at Jun 5th 2010 12:17 PM
maybe the bear was just pissed because the dude didn't share!!