Montana Workers’ Compensation Court

Wheeler v. Montana State Fund, 2026 MTWCC 8

Case No.: WCC No. MSF-2025-0000983-WCI
Date: September 15, 2026

Attorneys:

Eric Rasmusson for Wheeler;

Mark Meyer, Jeffrey Doud, and Nick Mazanec for Montana State Fund.

Brief Summary

John Wheeler, owner of John Wheeler Logging, LLC, suffered serious injuries in a November 19, 2024, logging-truck accident. His company had elected workers’ compensation coverage for Wheeler as an LLC manager at the statutory minimum coverage level of $869 per month. MSF calculated his temporary total disability rate at $133.33 per week, representing two-thirds of the elected weekly wage of $200. Wheeler argued that he reasonably expected to receive $200 per week and that the lower benefit rendered his coverage illusory.

The Court rejected Wheeler’s wage-loss argument. It held that the policy and § 39-71-118(5)(d), MCA, unambiguously made the elected wage, rather than Wheeler’s actual earnings or expectations, the basis for calculating benefits. Because Wheeler elected $200 per week in coverage, his wage-loss benefit was properly calculated at two-thirds of that amount, or $133.33 per week. The Court emphasized that Wheeler was bound by his elected wage because premiums were based upon that election.

The parties also disputed Wheeler’s entitlement to domiciliary care. The Court rejected Wheeler’s request for retroactive 24-hour care because no physician or other medical provider supported that level of care. However, the Court held that transporting an injured worker to and from medical appointments can fall within compensable domiciliary care, rather than being an ordinary household duty. Whether Wheeler actually required such transportation remained a factual question for trial.

Accordingly, MSF received summary judgment establishing the $133.33 weekly wage-loss rate, but neither party received summary judgment regarding the number of domiciliary-care hours. Wheeler’s requests for attorney fees and a penalty based on delayed or denied domiciliary-care benefits were also left for trial. Significantly, the Court observed that MSF knew Wheeler required significant domiciliary care when he was discharged on January 28, 2025, yet no payment was tendered for more than 77 days; the Court stated those facts may support a penalty of up to 20% but reserved the issue for trial.

Key Takeaway

For an owner/LLC manager who elects workers’ compensation coverage under § 39-71-118(5)(d), MCA, the elected wage controls the calculation of wage-loss benefits—even when it is substantially below the worker’s actual earnings. The decision is also significant for domiciliary-care claims because the Court recognized that transportation to medical appointments may qualify as compensable domiciliary care when the need arises from the industrial injury, while disputes concerning the medically necessary number of care hours ordinarily present factual questions unsuitable for summary judgment.

SUBMITTED MATTERS

      Motions & Miscellaneous Matters

     Upcoming Trials, Hearings & Conferences

Montana Workers’ Compensation Stipulations Summary (week ending September 17, 2026)

PLAN 2

ESD Settlements Approved through September 11, 2026

PLAN 1

PLAN 2

PLAN 3

UEF

Key Insights for Montana Work Comp Professionals

1. LLC owners should understand that elected wages—not actual earnings—control disability benefits.
   In Wheeler v. Montana State Fund, 2026 MTWCC 8, the Court held that an LLC manager who elects coverage under § 39-71-118(5)(d), MCA, is bound by the elected wage for benefit calculations. Wheeler’s $200 weekly elected wage therefore produced only a $133.33 weekly TTD rate, regardless of his actual earnings or expectations. This creates a significant planning issue for owners who elect minimum coverage.
2. Transportation to medical appointments may constitute compensable domiciliary care.
   Wheeler provides a potentially important expansion—or at least clarification—of what activities may qualify as domiciliary care. The Court recognized that transporting an injured worker to and from medical appointments can constitute compensable care rather than an ordinary household service when necessitated by the industrial injury. The amount of medically necessary care, however, remains a factual question.
3. Delay in paying clearly indicated domiciliary-care benefits creates meaningful penalty exposure.
   Although the Court reserved the issue for trial, it specifically noted that Montana State Fund knew Wheeler required significant domiciliary care upon his January 28, 2025 discharge, yet did not tender payment for more than 77 days. The Court stated that these circumstances may support a penalty of up to 20%. For claims professionals, this highlights the risk of waiting to resolve every dispute over the precise number of hours before paying an undisputed or reasonably apparent portion of care.
4. Recent settlement data show a very wide valuation range, with relatively substantial values concentrated in some medical-closure cases.
   The reported settlements range from only $450 for a single-issue settlement to $145,000 for a full-and-final back claim. Other notable settlements include $130,000 for a knee claim, $90,500 with medicals reserved, and $75,000 for a medical-closure claim. The data reinforce that body part alone is a poor predictor of settlement value; compensability status, medical closure, future exposure, and the particular settlement structure appear highly consequential.
5. Disputed initial compensability claims are settling across a strikingly broad range.
   The reported disputed-liability settlements include approximately $1,950, $3,150, $6,975, $28,000, $28,444, $30,000, and $45,000. That spread is useful practical data for mediators and practitioners: a denial of initial compensability does not itself establish a predictable settlement band. The figures suggest substantial variation based on the underlying evidentiary and exposure profile of the individual claim.

Overall theme: The September 2026 data are particularly useful on two fronts: Wheeler provides substantive guidance on elected wages and domiciliary care, while the settlement reports provide real-world valuation benchmarks demonstrating how strongly liability posture and medical closure can influence settlement structure and value.