Montana Workers’ Compensation Court
(No decisions reported during this period)
Montana Workers’ Compensation Stipulations Summary (through April 9, 2026)
PLAN 1
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Laurie Daugharty v. Sears Holding Corp. | 12/14/1996 | Low back | Full and Final – Medicals Closed | $87,399.00 inclusive of $62,399 MSA | Thomas, Ken
Distefano & Mattingly |
Smith, Charlie
Crowley Fleck PLLP |
| Candy Fralin v. Plum Creek Timber Co. Inc. | 11/28/22 | Low back | Full and Final – Medicals Closed | $85,000 | Olson, Wayne
Glacier Law Firm |
Maynard, Joe
Crowley Fleck PLLP |
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Cody Boe v. AIU Ins. Co. | 8/7/23 | Back | Full and Final – Medicals Closed | $90,000 inclusive of $17,597 MSA | Murphy, Matthew
Murphy Law Firm |
Potts, Adrianna
Potts Law PLLC |
| Nancy Cullinan v. Hartford Underwriters’ Ins. Co. | 5/3/24 | Unidentified | Full and Final – Medicals Closed | $250,000 inclusive of $178,012 MSA funded via annuity | Murphy, Matthew
Murphy Law Firm |
Maynard, Joe
Crowley Fleck PLLP |
| Thomas Haidle v. Liberty Mutual Fire Ins. Co. | 3/23/01 | Back | Full and Final – Medicals Closed | $60,870.42 inclusive of MSA of $22,745.85 funded via annuity | Plath, Russ
Plath Kemmick Law LLC |
Potts, Adrianna
Potts Law PLLC |
| Michael Hughes v. Zurich American Ins. Co. | 5/21/24 | Neck | Full and Final – Medicals Closed | $200,000 | Wallace Lucas
Odegaard Injury Lawyers |
Potta, Adrianna
Potts Law PLLC |
| Justin Lugo v. Employers Ins. Co. of Wausau | 6/25/25 | Left arm | Full and Final – Medicals Closed | $19,000 | Blackaby, Dean; Wallace Kevin
Montana Work Comp Solutions |
Potts, Adrianna
Potts Law PLLC |
PLAN 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Alyssa Santoferrara v. Montana State Fund | 5/21/25 | Low back | Full and Final – Medicals Closed | $21,000 | Starin, Justin
McKenna & Starin Trial Attorneys, PLLC |
Meyer, Mark
Montana State Fund |
| Pat Spelce III v. Montana State Fund | 7/16/24 | Low back | Full and Final – Medicals Closed | $170,000 inclusive of MSA of $105,643.05 funded via annuity | Murphy, Matthew
Murphy Law Firm |
Coate, Erik
Montana State Fund |
ESD Settlements Approved through April 3, 2026
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Sullivan, Susan | 1/8/20 | Shoulder(s) | Disputed Perm Total – Medicals Reserved | $55,000 | Tempel-St. John, Stacy |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Case-Allison, Kandi | 7/19/24 | Ankle | Best Interests | $22,500 | Dalpiaz, Leslae |
| Anderson, Rick | 11/22/24 | Lower leg | Best Interests | $125,000 | Evans, Alex |
| Boysza, Carrie | 1/14/25 | Multiple body parts | Best Interests | $90,000 | Overturf, Greg |
| Dudley, Rose | 3/10/24 | Shoulder(s) | Petition for Settlement – Medicals Closed | $75,000 | Miller, Andrew |
| Gearhart, Christopher | 1/9/23 | Hip | Single Issue Settlement | $2,500 | Blackaby, Dean |
| Ibey, Lori | 1/21/19 | Low back | Single Issue Settlement | $312.95 | Dalpiaz, Leslae |
| Murphy, Miles | 2/12/24 | Shoulder(s) | Best Interests | $70,000 | None |
| Valenzula, Mark | 11/6/25 | Unidentified | Disputed Initial Compensability | $1,000 | None |
| Williams, Jonathon | 11/1/18 | Low back | Best Interests | $365,000 | Evans, Alex |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Biegel, Joseph | 8/23/19 | Upper back | Best Interests | $20,000 | None |
| Carter, Sharon | 3/30/24 | Knee | Best Interests | $1,450 | None |
| Cooper, Joshua | 4/3/25 | Multiple upper extremities | Disputed Initial Compensability | $11,970 | None |
| Dingley, Donald | 7/27/17 | Skull | Petition for Settlement – Medical Reserved | $11,500 | None |
| Kerbaugh, Harvey | 12/10/24 | Ankle | Best Interests | $46,100 | None |
| McCracken, Pamilla | 9/6/23 | Low back | Best Interests | $85,000 | Helmer, Chris |
| Miller, Stephanie | 5/14/19 | Knee | Best Interests | $120,000 | None |
| Nygaard, Dale | 7/29/24 | Upper back | Petition for Settlement-Medicals Closed | $300,000 | Overturf, Greg |
| Parks, Ashley | 6/4/25 | Low back | Petition for Settlement – Medicals Closed | $22,000 | Tempel-St. John, Stacy |
| Richardt, Trystan | 7/22/25 | Knee | Best Interests | $15,400 | None |
| Stanton, Jennifer | 5/30/25 | Low back | Best Interests | $27,000 | Adam, Paul |
| Stradley, Cheryl | 12/28/25 | Low back | Disputed Initial Compensability | $750 | None |
| Talbott, Michelle | 3/6/24 | Soft tissue | Best Interests | $29,000 | Carey, Steve |
| Thiel, Jamie | 10/14/23 | Low back | Petition for Settlement – Medicals Closed | $82,000 | Brady, Caelen |
| Thiel, Alyna | 3/12/23 | Upper back | Best Interests | $30,000 | Dalpiaz, Leslae |
| Turner, Eric | 2/2/23 | Ankle | Petition for Settlement – Medicals Closed | $37,000 | Evans, Alex |
5 Key Insights for Montana Work Comp Professionals
-
No Reported WCC Decisions — Continued Dominance of Settlement Resolution
- The report explicitly notes “No decisions reported during this period”
- This reinforces a persistent trend: claims are overwhelmingly resolved via stipulations or ESD approvals rather than litigation.
- Practical takeaway:
→ Mediation, negotiation leverage, and settlement valuation remain the primary battlegrounds, not trial outcomes.
-
“Full & Final – Medicals Closed” Remains the Predominant High-Value Structure
- Nearly all higher-value stipulations (especially Plan 2 and Plan 3) utilize full and final closures with medicals closed
- Many include Medicare Set-Asides (MSAs), often funded via annuities.
- Practical takeaway:
→ Insurers continue pushing complete claim closure, even in significant exposure cases.
→ Claimant counsel must be prepared to:- Justify future medical exposure rigorously
- Negotiate MSA structure (lump sum vs annuity) as a value lever
-
Low Back and Spine Claims Continue to Drive Settlement Volume and Value
- The low back is the most frequently identified body part across:
- Stipulations
- ESD settlements
- These claims also correlate with mid-to-high settlement ranges (e.g., $85K–$170K+)
- Practical takeaway:
→ Lumbar/spinal claims remain the core economic driver in Montana WC
→ Reinforces importance of:- Causation framing (injury vs occupational disease)
- Future care projections under MT Guidelines
- Impairment ratings (AMA Guides)
-
Wide Settlement Dispersion Reflects Case-Type Stratification
- Settlement values range dramatically:
- Nominal settlements: $312.95, $750, $1,000
- Mid-tier: $20K–$125K
- High exposure: $200K–$365K+
- Lower values strongly correlate with:
- Disputed initial compensability
- Single-issue settlements
- Higher values correlate with:
- Permanent disability exposure
- Multiple body parts
- Medical closure with MSA
- Practical takeaway:
→ Montana WC is effectively a tiered valuation system, not a linear one
-
Defense Counsel Concentration vs. More Fragmented Claimant Bar
- Defense side shows repeat firm presence:
- Crowley Fleck PLLP
- Potts Law PLLC
- Montana State Fund in-house counsel
- Claimant side appears more distributed across firms, though some repeat players exist.
- Practical takeaway:
→ Defense bar operates with high consistency and institutional coordination
→ Claimant attorneys benefit from:- Understanding defense firm tendencies
- Anticipating negotiation patterns and valuation anchors
