Great Bear Adventures is located near West Glacier, Montana. Visitors to the park enjoy a drive-through experience of bears in their natural habitat. Russell Kilpatrick owns the park and lives on adjacent property. Brock Hopkins began working there in 2002, doing various tasks, including maintenance and feeding the bears. In the past, some workers have been known to smoke marijuana on the premises. Although Kilpatrick professed to not condone marijuana use by workers, testimony established that he had smoked marijuana at the park in the past, and on occasion had done so with Hopkins.

On November 2, 2007, Hopkins smoked marijuana on his way into work. When he arrived, Kilpatrick told Hopkins to raise the boards on the park's front gates so they would not freeze to the ground. Hopkins asked Kilpatrick if he should feed the bears as well. The Workers' Compensation Commission (WCC) ultimately found that Kilpatrick never told Hopkins not to feed the bears.

After completing work on the gates, Hopkins returned to Kilpatrick's house. Kilpatrick was asleep inside. Hopkins mixed food for the bears and used Kilpatrick's truck to drive into the park. He entered the bears' pen and began to place food out. At some point, the largest bear, Red, attacked him. The bear knocked Hopkins to the ground, sat on him, and bit his leg, knee, and rear end. While this was occurring, another bear, Brodie, came up from behind and bit Red. In response, Red moved off Hopkins momentarily, and Hopkins escaped by crawling under one of the electrified wires surrounding the pen. Kilpatrick eventually found Hopkins, and he was transported to the hospital by helicopter. He suffered severe injuries.

Kilpatrick did not carry workers' compensation insurance. Hopkins petitioned the WCC for workers' compensation benefits from the Uninsured Employers' Fund. Both the Uninsured Employers' Fund and Kilpatrick opposed Hopkins's petition. The WCC found for Hopkins. Kilpatrick appealed. What should the court decide and why? [Hopkins v Uninsured Employers' Fund, 251 P.3d 118 (Mont. 2011)]