The Montana Weekly Work Comp Brief (#15 Feb. 6, 2026)

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Montana Workers’ Compensation Court

No new enumerated decisions this period.

Montana Workers’ Compensation Stipulations Summary (through Feb. 5, 2026)
Plan 1
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Eric Graham v. Fedex Freight, Inc. 3/12/24; 9/4/24 Low Back Disputed Initial $50,000.00 Blackaby, Dean

Montana Work Comp Solutions

Maynard, Joe

Crowley Fleck PLLP

Plan 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
James Carter v. Twin City Fire Ins. Co. 5/21/21 Head, neck and low back Full and Final – Medicals Reserved $43,000.00 Murphy, Matthew

Murphy Law Firm

Maynard, Joe

Crowley Fleck PLLP

Paul Jacobs v. MMIA 6/28/02 Cervical spine, lung, right upper extremity, bilateral lower extremities Full and Final – Medicals Closed w/ MSA $728,819.10

MSA

$308,819.10

 

Duckworth, Kiel

Duckworth Law Office

Weber, Morgan

Browning Kalecyzc, Berry & Hoven, PC

Mediator: Steve Carey

George Sewell v. American Zurich Ins. Co. 3/8/23 Head Full and Final – Medicals Closed $350,000.00 Overturf, Greg

Odegaard Injury Lawyers

Smith, Charlie

Crowley Fleck, PLLP

Plan 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Stephanie Bennett v. Montana State Fund 10/3/23 Head and Neck Full and Final- Medicals Closed $155,000.00 McKeon, Jr, Michael

McKeon Law PLLC

Meyer, Mark,

Montana State Fund

Susan Thomas v. Montana State Fund 8/19/21 Left elbow and shoulder Full and Final – Medicals Reserved $45,000.00 Tadlock, Charla

Murphy Law Firm

Coate, Erik

Montana State Fund

Stephanie Weaver v. Montana State Fund 4/1/23 Bilateral wrists Full and Final – Medicals Closed $150,000.00 Tourtlotte, Matthew

Miller Tourtlotte Law PLLC

Meyer, Mark

Montana State Fund

ESD Settlements Approved through Jan. 30, 2026
Plan 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Cornell, Jessica 3/1/24 Skull Best Interest $55,000.00 Dalpiaz, Leslae
Lutgen, Laurie 9/21/22 Knee Best Interest $15,000.00 Blackaby, Dean
Nickolaus, Rick 6/5/25 Back Best Interest $20,000.00 Murphy, Tommy
Plan 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Clark, John Jr. 12/20/24 Foot Best Interest $22,000.00 Field, Avery
Rahn, Reese 2/27/24 Hip Best Interest $89,000.00 Helmer, Chris
Scaramucci, Vincent 9/19/24 Low Back Best Interest $45,000.00  
Plan 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Benge, Madison 1/4/25 Low Back Best Interest $1,500.00  
Carlstrom, Katherine 6/1/22 Elbow Best Interest $22,736.72  
Dailey, Timothy 1/2/23 Low Back Best Interest $3,500.00  
Denny, Shalome 5/8/25 Low Back Best Interest $3,350.00  
Ellston, Bryant 9/24/25 Internal Organs Disputed Initial $15,000.00  
Fousha, Logan 1/15/25 Facial Bones Best Interest $1,778.00  
Gustafson, Dalton 10/19/25 Low Back Best Interest $16,570.00  
Hakes, Glen 6/2/22 Brain Settlement – Medicals Reserved $75,000.00 Kemmick, Hayley
Hughes, Carla 7/15/25 Skull Disputed Initial $10,000.00  
Johnson, Kelly 5/21/24 Upper Back Best Interest $1,900.00  
Kufner, Sadie 1/16/25 Low Back Best Interest $1,800.00  
Lorah, Joseph 3/19/24 Low Back Best Interest $50,000.00 Murphy, Matthew
Lucido, Stanley 4/2/25 Wrist Disputed Initial $4,000.00  
Mastel, Geanene 10/25/25 Knee Disputed Initial $250.00  
Nittler, Ethan 4/4/23 Knee Best Interest $19,500.00  
Peters, Arthur 1/9/25 Unidentified Best Interest $2,500.00 Tourtlotte, Matthew
Rebo, Todd 9/4/24 Soft Tissue Settlement- Medicals Reserved $70,646.00 Murphy, Matthew
Ryan, Justin 5/20/24 Knee Best Interest $3,000.00  
Woods, Jody 1/8/25 Multiple Lower Extremities Best Interest $10,000.00 Miller, Megan
5 Key Insights for Montana Work Comp Professionals
  1. Plan 2 continues to drive the highest settlement values, particularly where medicals are closed or MSAs are involved.

    The largest settlement in the dataset—$728,819.10 (with a $308,819.10 MSA)—falls under Plan 2 and reflects the continued premium placed on fully extinguishing lifetime medical exposure, especially in older DOI claims with multi-system involvement. This reinforces that Plan 2 remains the primary vehicle for high-dollar global resolutions.

  2. Head, brain, and spine claims disproportionately command higher full-and-final values.

    Across Plans 2 and 3, settlements involving head, brain, cervical spine, or multi-level spinal injuries routinely exceed six figures when medicals are closed, while extremity-only claims (elbow, wrist, knee) cluster much lower. This continues to mirror impairment-driven valuation practices under Montana law and the heightened future-medical risk associated with neurologic claims.

  3.  Medicals-reserved settlements remain common at moderate dollar levels, signaling strategic compromise rather than full closure.

    Several mid-range settlements ($43,000–$75,000) preserve future medical benefits while resolving indemnity exposure. This pattern suggests insurers are selectively reserving medicals in cases where treatment utilization is uncertain or where claimants retain ongoing functional capacity—particularly in head and spine cases that do not justify an MSA.

  4. ESD “Best Interest” settlements skew low in Plan 3, highlighting limited exposure in minor or disputed claims.

    Plan 3 ESD settlements frequently fall below $5,000, with some as low as $250–$1,900, reflecting minimal permanent impairment, credibility disputes, or causation challenges. For practitioners, this underscores the continued effectiveness of early dispute resolution in low-exposure claims before medical complexity escalates.

  5.  Disputed-initial claims still achieve meaningful resolution values when injury severity is substantiated.

    While many disputed-initial cases resolve at modest levels, notable exceptions—such as disputed low-back or internal-organ claims settling at $15,000–$50,000—demonstrate that carriers are willing to pay for risk mitigation when medical evidence supports compensability exposure. This reinforces the strategic importance of early medical development even in denied claims.

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