The Montana Weekly Work Comp Brief (#49 – October 5, 2026)

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Montana Workers’ Compensation Court

No decisions reported this period.

SUBMITTED MATTERS
      Motions & Miscellaneous Matters
Case Pleading Date Submitted
Rutledge v. Technology Ins. Co. Petitioner’s Cross-Motion for Summary Judgement 2/11/26
Rutledge v. Technology Ins. Co. Respondent’s Motion for Summary Judgment 2/17/26
Guitron v. UEF UEF’s Motion for Summary Judgment 5/15/26

 

Guitron v. UEF Villegas Del Villar’s Motion for Summary Judgment 5/20/26

 

Fievet v. FedEx Freight, Inc.

 

Respondent’s Motion for Summary Judgment 9/10/26
Boyer v. Montana State Fund Petitioner’s Motion for Partial Summary Judgment 9/11/26
 

Crisler v. Zurich American Ins. Co.

 

 

Respondent’s Motion for Reconsideration

 

9/21/26

Koehler v. Victory Ins. Co.

 

Appeal of Department’s Order (ARM 24.5.530) 9/23/26
Mathiason v. Montana State Fund Petitioner’s Motion in Limine 9/25/26
     Upcoming Trials, Hearings & Conferences
Date Time Place Issue Case
10/7/26 9:30 am Zoom Pre-Trial Conference Mathiason v. Montana State Fund
10/20/26 9:00 am Missoula Perpetuation Deposition of Dr. Layton Krueger v. Clear Spring Prop. & Cas. Co.
11/4/26 10:00 am Zoom / WA Perpetuation Deposition of Dr. Corey Krueger v. Clear Spring Prop. & Cas. Co.
11/6/26 8:30 am Missoula Trial Wheeler v. Montana State Fund
Week of

11/16/26

9:00 am Butte Trial Krueger v. Clear Spring Prop. & Cas. Co.
Montana Workers’ Compensation Stipulations Summary (week ending October 1, 2026)
PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Danielle Allen v. Starstone National Ins. Co. 12/4/23 Low back and hip; left leg; left ankle; Full and Final – Medicals Closed $10,000.00 Pro Se Smith, Charlie

Crowley Fleck PLLP

Kaleana Emhoff v. Hartford Accident & Ind. Co. 10/3/24 Shoulder Full and Final – Medicals Closed $35,000.00 Dalpiaz, Miranda

Dalpiaz & Associates

Maynard, Joe

Crowley Fleck PLLP

Jungin Lee v. Security National Ins. Co. 8/23/24 Bilateral upper extremities Full and Final – Medicals Closed $26,00000 Moore, Kraig

Law Office of Kraig Moore

Coate, Erik

Laird Cowley PLLC

Mediator:

Dean Blackaby

PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Roque Sanchez v. Montana State Fund 8/9/24 Left knee; Full and Final – Medicals Closed $50,000.00

Inclusive of $13,185.08 MSA

Blackaby, Dean

Montana Work Comp Solutions

Wang, Haocheng

Montana State Fund

 ESD Settlements Approved through September 25, 2026
PLAN 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Svejkovsky, Richard 4/28/98 Low back; Best Interests $233,969.00 None
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Bray, Louise 1/3/26 Multiple body parts; Disputed Initial Compensability $20,000.00 Kemmick, Hayley
Evans, Daniel 6/10/25 Knee Disputed Initial Compensability $15,000.00 Helmer, Chris
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Davis, Casandra 1/20/26 Low back; Disputed Initial Compensability $8,500.00 None
Garrison, Justin 8/26/24 Low back; Best Interests $40,041.52 None
Hawkins, Dennis 1/29/26 Knee; Petition for Settlement- Medicals Reserved $3,800.00 None
Head, Nolan 8/14/23 Low back; Petition for Settlement – Medicals Reserved $7,500.00 Dalpiaz, Leslae
Love, Connie (Leonard) 12/31/89 Chest; (Widow) Disputed Initial Compensability $50,000.00 Blackaby, Dean
Schmitt, Landon 7/13/26 Internal organs; Disputed Initial Compensability $510.00 None
Torgeson, Tavin 2/13/25 Elbow; Best Interests $2,400.00 None
Wolfe, Jason 9/28/22 Upper back; Best Interests $7,200.00 None
 Key Insights for Montana Work Comp Professionals
  1. The WCC has a substantial dispositive-motion pipeline. The Court reports no decisions for the period, but six of the nine submitted matters involve summary-judgment or partial-summary-judgment motions, including competing motions in both Rutledge v. Technology Insurance Co. and Guitron v. UEF. Practitioners should anticipate several potentially substantive rulings from the Court in the coming months.
  2. The upcoming WCC calendar is unusually concentrated on medical testimony. Krueger v. Clear Spring Property & Casualty Co. has two separate perpetuation depositions of physicians scheduled before its November trial setting. That concentration on preserved physician testimony underscores the continuing importance of developing medical causation and opinion evidence well before trial.
  3. Recent Plan 2 settlements involving closure of medical benefits show a meaningful but fairly broad range. The four reported stipulations involving full-and-final closure of medicals settled for $10,000, $26,000, $35,000, and $50,000. The $50,000 Sanchez settlement is particularly notable because it includes a $13,185.08 MSA, illustrating how Medicare considerations can represent a significant component of an otherwise moderate settlement.
  4. Disputed initial compensability claims continue to resolve without an adjudication of liability. The ESD data identifies disputed-compensability settlements of $20,000 for multiple body parts, $15,000 for a knee, $8,500 for a low back, $50,000 for a widow/chest claim, and only $510 for an internal-organ claim. The enormous spread is a useful reminder that the “disputed compensability” designation alone has little predictive value; exposure, proof, benefit duration, and consequences of an adverse liability determination matter substantially more.
  5. The ESD data demonstrates just how misleading settlement averages can be. The eleven reported ESD settlements range from $510 to $233,969, with a median of only $8,500. The $233,969 Plan 1 “Best Interests” low-back settlement is a major outlier, while several Plan 3 settlements fall below $10,000. For valuation purposes, practitioners should segment settlement data by plan, settlement type, medical status, and liability posture rather than relying on an overall average.

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