The Weekly Montana Work Comp Brief – Dec. 26, 2025

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Montana Workers’ Compensation Court

No new enumerated decisions this period.

Montana Workers’ Compensation Stipulations Summary (through Dec. 22, 2025)
PLAN 1
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Mark Role v. Plum Creek Timber Co. / Weyerhaeuser Company 1/1/2023 Left Shoulder Full & Final (disputed liability) $65,000.00 Kraig Moore,

Law office of Kraig Moore

Charlie K. Smith,

Crowley Fleck, PLLP

PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Kennith Schmitt v. Zurich American Ins Co. 7/13/2020 Back Full & Final (disputed liability) $99,250.00 Leslae Dalpiaz,

Dalpiaz & Associates

Jon T, Dyre,

Crowley Fleck, PLLP

Matthew Schwedhelm v. Federated Mutual Ins. Co. 12/9/2022 Left shoulder, left hip, headache Full & Final (disputed basis) $225,000.00 Stacy Tempel-St. John,

Fair Claim Lawyers

Morgan Weber,

Browning, Kalecyzc, Berry & Hoven, P.C.

PLAN 3

No reported stipulations this period.

ESD Settlements Approved through 12-19-25
Plan 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Brady, Mark 8/25/2025 Soft Tissue Disputed Initial Compensability $5,000.00 Helmer, Chris
Brady, Mark 5/20/2025 Multiple Body Parts Disputed Initial Compensability $5,000.00 Helmer, Chris
Anderson, Parker 7/10/2025 Multiple Head Injury Disputed Initial Compensability $1,000.00  
Johnson, Julia 4/21/2025 Lower Back Area Disputed Initial Compensability $2,500.00  
Plan 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Ginn, Jody 4/4/2025 Lower Back Area Disputed Initial Compensability $15,000.00 Dalpiaz, Miranda
Hamburg, Harvey 1/1/1999 Lungs Disputed Initial Compensability $50,000.00 Snipes, Ben
Masquelier, David 11/21/2024 Thumb Petition – Medical Reserved $86,000.00 Blackaby, Dean
Gros Ventre, Tyson 9/20/2023 Lower Leg Petition for Best Interest $6,720.00  
Plan 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Aguina, Lee 10/17/2025 Lower Back Area Petition for Best Interest $1,000.00  
Few, Renee 11/15/2024 Lower Back Area Petition for Best Interest $51,500.00  
Gonzales Hernandez, Melissa 7/16/2024 Upper Arm Disputed Initial Compensability $52,250.00 Lighthall, David
Grijalva, George 10/5/2021 Knee Petition for Best Interest $12,500.00 Blackaby, Dean
Hatt, Michael 12/11/2023 Lower Back Area Petition for Best Interest $182,000.00 Olson, Wayne
Helms, Jennifer 12/4/2024 Foot Petition for Best Interest $4,500.00 Murphy, Matthew
Holden, Michael 7/19/2023 Facial Bones Petition for Best Interest $15,000.00 Olson, Wayne
Jaramillo, Anthony 10/10/2023 Lower Back Area Petition for Best Interest $30,000.00 Olson, Wayne
Jordan, Trey 4/22/2024 Foot Disputed Initial Compensability $3,915.00 Murphy, Matthew
Martin, Shawn 4/5/2021 Internal Organs Disputed Initial Compensability $5,000.00  
Morrison, Andrew 8/7/2023 Upper Back Area Petition – Medical Closed $107,500.00 Rasmusson, Eric
Robson, Rocky 7/12/2005 Upper Back Area Petition for Best Interest $31,500.00  
Rose, Dwight 6/10/2018 Lower Back Area Disputed Initial Compensability $2,500.00  
Scofield, Nathaniel 12/13/2023 Upper Back Area Petition – Medical Closed $165,000.00 Field, Avery
Trexler, Mary 3/18/2023 Upper Back Area Petition – Medical Closed $15,000.00  
 5 Key Insights for Montana Work Comp Professionals
  1. Disputed Liability Continues to Drive High-Value Full & Final Settlements

Even in the absence of enumerated Workers’ Compensation Court decisions, the stipulations reflect that disputed liability or disputed basis cases continue to resolve at substantial values, particularly under Plan 2, with settlements ranging from ~$99,000 to $225,000. This suggests insurers remain willing to pay premiums to avoid litigation risk where causation or compensability is uncertain.

  1. Back and Shoulder Claims Dominate Both Frequency and Exposure

Across Plans 1–3 and ESD approvals, back-related conditions (upper and lower) and shoulder injuries appear most frequently and account for some of the largest settlement amounts, including multiple six-figure approvals. This reinforces the continued importance of medical causation analysis, impairment ratings, and future medical exposure in spinal and shoulder claims.

  1. Plan 3 Shows the Widest Settlement Variability

Although Plan 3 includes relatively small “best interest” settlements (e.g., $1,000–$15,000), it also contains some of the largest ESD approvals in the dataset, including settlements exceeding $165,000 and $180,000. This wide variance highlights that Plan 3 claims can range from minor compromise cases to significant exposure matters, often tied to medical closure or long-term disability issues.

  1. Disputed Initial Compensability Remains Common—but Often Resolves Cheaply

A notable number of ESD approvals across all plans are categorized as “Disputed Initial Compensability.” Many of these resolve at very modest dollar amounts ($1,000–$5,000), suggesting a strategic use of early compromise to limit defense costs and uncertainty, particularly in soft-tissue or multi-body-part allegations.

  1. Experienced Repeat Attorneys Continue to Anchor High-Dollar Outcomes

Certain petitioner attorneys appear repeatedly in larger or more complex settlements, especially in Plan 2 and Plan 3 matters involving medical closure or best-interest petitions. For practitioners, this underscores how attorney experience, reputation, and case selection continue to influence settlement posture and valuation in Montana workers’ compensation claims.

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