Montana Workers’ Compensation Court
No new enumerated decisions this period.
Montana Workers’ Compensation Stipulations Summary (through Jan. 16, 2026)
Plan 1
No Plan 1 Stipulations during this reporting period.
Plan 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Ronald Emmerich v. Sunz Iins. Co. | 9/23/2024 | Knee | Full and Final (Medicals Closed w/ MSA | $85,000
$24,569 MSA |
Matthew Murphy,
Murphy Law Firm |
Joe Maynard,
Crowley Fleck PLLP |
| Albert Lovshin v. AIU Ins. Co. | 9/7/22 | Head | Full and Final (Medicals Closed w/ MSA) | $95,000
$7,175 MSA |
Dean Blackaby,
Montana Work Comp Solutions |
Adrianna Potts,
Potts Law PLLC |
| Jacob Schmidt v. AIU Ins. Co. | 7/10/2025 | Shoulder, knee, neck and spine. | Full and Final (Disputed Initial) | $65,000 | Megan Miller,
Fair Claim Lawyers |
Charlie Smith,
Crowley Fleck PLLP |
| David Slagle v. Praetorian Ins. Co. | 4/19/2024 | Knee | Full and Final (Disputed Initial) | $32,000 | Caelen Brady,
Kovacich Snipes Johnson |
Charlie Smith,
Crowley Fleck PLLP |
Plan 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Damian Hernandez Herrera v. Montana State Fund | 9/9/2024 | Spine, left shoulder, internal organs | Full and Final (Meds Closed) | $69,507.63 | Ben Snipes,
Kovacich Snipes Johnson |
Melissa Quale,
Montana State Fund |
ESD Settlements Approved through Jan. 9, 2026
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Asmus Miller, Shannon | 11/2/2023 | Multiple Body Parts | Disputed Initial Compensability | $1,000.00 |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| McIntyre, Michael | 9/17/2026 | Disc | Petition for Settlement- Medicals Closed | $8,500.00 | |
| Schwarzkopf, Tracy | 12/7/2020 | Multiple Body Parts | Petition for Settlement – Medical Reserved | $56,061.76 | Murphy, Matthew |
| Stokes, Justin | 4/22/2025 | Finger(s) | Petition for Best Interest | $11,836.00 | |
| Synek, Bryan | 10/29/2025 | Multiple Upper Extremities | Disputed Initial Compensability | $20,000.00 | Helmer, Chris |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Anderson, Kevin | 11/15/2022 | Elbow | Petition for Best Interest | $3,500.00 | |
| Boose, Travis | 4/11/2025 | Wrist | Petition for Best Interest | $20,000.00 | Dalpiaz, Leslae |
| Bowser, Richard | 4/25/2024 | Knee | Petition for Settlement – Medical Reserved | $67,779.30 | Miller, Megan |
| Connor, Kimberly | 12/1/2020 | Upper Back Area | Petition for Best Interest | $48,000.00 | |
| Douglas, Kennon | 6/7/2021 | Knee | Petition for Best Interest | $17,000.00 | |
| Eutsler, David | 3/26/2025 | Knee | Petition for Best Interest | $1,100.00 | |
| Exley, Heidi | 9/1/2022 | Soft Tissue | Disputed Initial Compensability | $75,000.00 | Murphy, Tommy |
| Gardner, Richard | 1/26/2024 | Lower Back Area | Petition for Best Interest | $75,000.00 | Miller, Megan |
| Griffith, Jason | 8/22/2025 | Multiple Trunk | Disputed Initial Compensability | $14,050.00 | |
| Kaatz, Diane | 8/12/2025 | Soft Tissue | Disputed Initial Compensability | $2,200.00 | |
| Lavenger, Isiah | 7/3/2025 | Elbow | Petition for Best Interest | $750.00 | |
| Littman Roeder, Ben | 7/18/2024 | Lower Back Area | Petition for Best Interest | $2,000.00 | |
| Martinez, Abel | 10/7/2024 | Foot | Petition for Best Interest | $35,000.00 | Murphy, Matthew |
| Miecznik, Magdalena | 7/1/2025 | Knee | Disputed Initial Compensability | $400.00 | |
| Racki, James | 3/2/2010 | Skull | Disputed Initial Compensability | $24,000.00 | Wallace, Laurie |
| Slade, Olivia | 6/5/2023 | Knee | Petition for Best Interest | $2,000.00 | |
| Tauscher, Scott | 7/1/2024 | Facial Bones | Petition for Best Interest | $3,775.00 | |
| Thompson, Gabriel | 6/19/2023 | Internal Organs | Petition for Best Interest | $40,000.00 | Miller, Megan |
5 Key Insights for Montana Work Comp Professionals
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Plan 2 dominates high-value full and final settlements
Across the reporting period, all multi-case, high-dollar Full & Final settlements with medicals closed and MSAs appear in Plan 2, with settlement values clustering between $65,000–$95,000. This reinforces Plan 2’s role as the primary venue for negotiated global resolution of disputed or medically complex claims, particularly where future exposure is actively managed through MSAs.
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Knee and spine injuries continue to drive settlement activity
Both stipulated settlements and ESD approvals show a heavy concentration of knee and spinal/body-core injuries, appearing repeatedly across Plans 2 and 3. These injury types correlate with higher settlement values and more frequent medical closures, underscoring their continued cost significance and litigation risk in Montana claims practice.
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ESD settlements show extreme value dispersion
ESD approvals range from nominal amounts ($400–$1,100) to substantial payouts ($67,000–$75,000). This wide spread reflects ESD’s functional role as a flexible resolution mechanism—used both for low-exposure clean-up settlements and meaningful best-interest or disputed compensability resolutions, depending on evidentiary posture.
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Medical-reserved settlements remain common in ESD but rare in stipulations
While stipulated settlements trend strongly toward medical closure, ESD approvals still frequently involve medical-reserved structures, especially in Plan 3. This suggests parties continue to rely on ESD petitions when future medical uncertainty makes full closure impractical or strategically undesirable.
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A small group of repeat attorneys consistently appear in higher-value matters
The data reflects recurring appearances by a limited set of petitioner and respondent attorneys in both stipulations and ESD settlements—particularly in higher-dollar and medically complex cases. For practitioners, this highlights an increasingly specialized negotiation environment within the Montana workers’ compensation bar, where experience with MSAs, disputed compensability, and court approval standards materially impacts outcomes.
CORRECTED ESD Settlement Table for January 9, 2026
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Delahunt, Kasey | 12/23/2022 | Shoulders | Single Issue Settlement | $5,000.00 | Murphy, Matthew |
| Peden, Joel | 3/29/2025 | Wrist | Petition for Best Interest | $7,206.08 | — |
| Shimim, Farshina | 8/12/2025 | Eyes | Disputed Initial Compensability | $300.00 | — |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Balderas, Juan | 7/24/2025 | Brain | Disputed Initial Compensability | $70,000.00 | Overturf, Greg |
| Rhine, James | 12/4/2023 | Shoulders | Petition for Best Interest | $65,000.00 | Tempel, St. John, Stacy |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Blackshear, Barbara | 11/4/2025 | Lower Back Area | Disputed Initial Compensability | $2,500.00 | — |
| Blair, Bruce | 4/30/2025 | Lower Back Area | Disputed Initial Compensability | $20,000.00 | Tempel-St. John, Stacy |
| Borresen, Keith | 2/18/2025 | Knee | Petition for Best Interest | $4,000.00 | — |
| Coulter, Valerie | 1/30/2021 | Lower Back Area | Petition for Best Interest | $85,000.00 | McKenna, Sydney |
| Dacus, Avian | 10/26/2023 | Lower Back Area | Petition for Settlement – Medical Closed | $17,125.00 | Dalpiaz, Leslae |
| Gursky, Renee | 1/28/2025 | Chest | Petition for Best Interests | $3,000.00 | Dalpiaz, Miranda |
| Hartwell, Dawn | 10/6/2025 | Pelvis | Disputed Initial Compensability | $3,800.00 | — |
| Herman, Jessica | 10/19/2023 | Internal Organs | Petition for Best Interest | $21,400.00 | — |
| Hubbs, Courtney | 1/17/2023 | Knee | Petition for Best Interest | $1,500.00 | — |
| Maksin, Michael | 12/23/2016 | Elbow | Petition for Best Interest | $3,500.00 | — |
| Neil, Tony | 7/9/2024 | Internal Organs | Disputed Initial Compensability | $8,000.00 | — |
| Neshem, Christina | 2/14/2019 | Upper Back Area | Petition for Best Interest | $10,000.00 | Tempel-St.John, Stacy |
| Peters, Danielle | 1/16/2025 | Pelvis | Petition for Best Interest | $7,030.00 | — |
| Shaw, Jessica | 5/15/2025 | Internal Organs | Disputed Initial Compensability | $5,250.00 | — |
| Wellcome, Jamie | 11/19/2024 | Lower Back | Petition for Best Interest | $14,500.00 | — |
