The Montana Weekly Work Comp Brief – November 14, 2025
Montana Workers’ Compensation Court Decisions No new enumerated decisions since last publication. Montana Workers’ Compensation Stipulations Summary (through Nov. 11, 2025) Plan Type Case Name DOI Body Part Settlement Type Settlement Amount Petitioner’s Attorney Respondent’s Attorney 3 Carrie Arndt v. Montana State Fund May 14, 2025 Left knee (ACL reconstruction) Joint Stipulation for Dismissal (partial […]
Ethical Communication with Treating Providers: Ten Years After Malcomson v. Liberty Northwest
Introduction Few Montana cases have had as lasting an effect on the practice of workers’ compensation claims as Malcomson v. Liberty Northwest Insurance Corp., 2014 MT 242. Decided more than a decade ago, Malcomson continues to define the limits of insurer communications with medical providers—and the scope of an injured worker’s right to privacy […]
What to Expect When your Doctor Does an EMG Test
An EMG test is used to measure the electrical activity in muscles or nerves. This test is necessary for diagnosing a variety of conditions such as carpal tunnel syndrome, herniated discs, and neuromuscular disorders. The procedure of an EMG test can be divided into two stages: needle insertion and nerve conduction study. The first stage […]
Town Tags: Who Do You Cheer For?
As part of our community initiative, we work to promote the towns where our clients live. It’s important to us that our local communities thrive. That means business are healthy and prospering, that local services and resources are available, and that kids to have a great place to live. We want our kids who are […]
Understanding What the Rehabilitation Counselor is Doing in Your Montana Work Comp Claim
Employability Assessment If your claim is accepted and you are off work for a fair amount of time, you may have to meet with a vocational counselor assigned to the claim by the adjuster. Sometimes this person is referred to as a “rehabilitation” or “rehab” counselor. The vocational consultant’s job, at first, is usually to […]
Why You Can’t Get your Prescription Filled.
Easily one of the most common and frustrating experiences for a workers’ compensation claimant is when their physician prescribes a needed medication only to have the pharmacy frown and tell the claimant that the prescription is not authorized. This article will discuss the process, why this happens, and help you understand what is going on. […]
The “Independent” Medical Exam (IME) – Anything But!
When claims are not moving fast enough for the adjuster, or the adjuster disagrees with your treating doctor’s opinions, the adjuster may send you to what is referred to in work comp as an “independent medical examination” or “IME.” The adjuster can make it sound helpful, “this doctor is a specialist” or “this doctor understands […]
How to Talk to Your Work Comp Adjuster (and How NOT to)
Your adjuster must reside in Montana Many insurance companies write coverage in Montana but that doesn’t mean those companies have offices here. In some states, it is permissible for an adjuster to handle claims from anywhere in the country. That is not true for Montana. Any insurance company handling workers’ compensation claims in Montana but […]
The Myth of the Montana Utilization and Treatment Guidelines
Adjusters and nurse case managers frequently rely upon The Montana Utilization and Treatment Guidelines. More troubling is that the adjusters and nurse case managers, use the Guidelines to prevent a medical provider from pursuing treatment options. The adjuster will try to manage your medical treatment using the Montana Utilization and Treatment Guidelines. During your healing […]
Just Don’t!: Social Media and Your Montana Work Comp Claim
Let’s be clear…I don’t think any injured worker has ever won his or her case in court by posting on Facebook. Okay, let me be extra clear on this point: what you say on Facebook will definitely help you LOSE your case. You can see that from the cases in the Worker’s Compensation Court. In one case, […]