Montana Workers’ Compensation Court
No new enumerated decisions this period.
Montana Workers’ Compensation Stipulations Summary (through Feb. 19, 2026)
Plan 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Marianne Culver. Victory Ins. Co. | 10/25/24 | Right lower extremity and knee | Full and Final – Medicals Closed | $5,000.00 | Rasmusson, Eric
Rasmusson Law Offices, PLLC |
Harrington, Thomas
Laird Cowley, PLLC |
| Martin Del Rio v. American Zurich Ins. Co. | 3/27/25 | Low back | Full and Final – Medicals Closed | $65,000.00 | Overturf, Greg
Odegaard Injury Lawyers |
Buckwalter, Mark
Summit Law Group, PLLC |
| Maxine Lane v. Liberty Northwest Ins. Co. | 3/13/01 | Low back, right foot | Full and Final – Medicals Closed | $15,000.00 | Fletcher, Steve
Fletch Law, PLLC |
Potts, Adrianna
Potts Law, PLLC |
| Adam Patouhas v. Zurich American Ins. Co. | 2/26/25 | Low back | Full and Final – Medicals Closed | $70,000.00 | Rasmusson, Eric
Rasmusson Law Offices, PLLC |
Potts, Adrianna
Potts Law PLLC |
| Trenton Standing Rock v. Zurich American Ins. Co. | 12/31/23 | Right shoulder | Full and Final – Medicals Closed | $100,000.00
Incl. MSA of $48,426.86 |
Miller, Megan
Fair Claim Attorneys |
Potts, Adrianna
Potts Law PLLC |
| Stephanie Woods v. Liberty Mutual Fire Ins. Co. | 5/11/07 | Head, neck, and low back. | Full and Final – Medicals Closed | $165,162.00
Incl. MSA Seed Money $38,542.00 MSA Annuity $96,620.00 |
Tadlock, Charla,
Murphy Law Firm |
Potts, Adrianna
Potts Law PLLC |
ESD Settlements Approved through Feb. 13, 2026
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Winston, Jeanne | 10/19/11 | Upper Back | Best Interest | $67,891.82 | Murphy, Thomas |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Duffy, Thomas | 4/4/23 | Foot | Best Interest | $45,000.00 | Blackaby, Dean |
| Flamand, Donnie | 2/5/25 | Shoulder(s) | Best Interest | $80,000.00 | Dalpiaz, Leslae |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Anderson, Michelle | 9/19/24 | Upper back; | Best Interest | $75,000.00 | Tourtlotte, Matthew |
| Bergholm, Bladen | 9/19/25 | Hand | Disputed Initial Compensability | $2,100.00 | None |
| Boys, Michael | 4/25/25 | Finger(s) | Best Interest | $5,400.00 | None |
| Cooper, Jami | 10/9/24 | Foot | Best Interest | $250.00 | None |
| Gutierrez, Kelvin | 11/11/25 | Knee | Disputed Initial Compensability | $10,000.00 | None |
| Nagel, Kenneth | 5/4/23 | Knee | Petition for Settlement – Medicals Closed | $90,000.00 | Murphy, Matthew |
| Robbins, Robert | 8/14/19 | Upper back | Petition for Settlement – Medicals Reserved | $40,000.00 | Dalpiaz, Leslae |
| Spilker, Shae | 11/1/25 | Unidentified | Disputed Initial Compensability | $900.00 | None |
| Tamblyn, Scot | 1/15/25 | Soft Tissue | Disputed Initial Compensability | $140,000.00 | Tourtlotte, Matthew |
| Urrea, Robert | 5/3/25 | Soft Tissue | Best Interest | $7,500.00 | None |
| Williams, Jeffrey | 5/28/25 | Low Back | Disputed Initial Compensability | $2,800.00 | None |
UEF
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Mote, Donald | 7/9/25 | Multiple Trunk | Disputed Initial Compensability | $10,000.00 | None |
5 Key Insights for Montana Work Comp Professionals
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No New Enumerated WCC Decisions – Litigation Climate Signal
The report notes “No new enumerated decisions this period.”
For practitioners, this suggests:
- A continued settlement-driven environment.
- Fewer precedential rulings shaping statutory interpretation.
- Strategic value in negotiated resolutions over trial risk.
This reinforces the importance of settlement positioning, especially in disputed compensability matters.
-
Plan 2 Full & Final (Medicals Closed) Values Show Clear Tiering
Plan 2 settlements (medicals closed) range from $5,000 to $165,162, with notable clustering:
- Low back cases: $65,000 – $70,000
- Shoulder case: $100,000
- Multi-region spine (head/neck/low back): $165,162
Insight:
- Low back claims continue to produce mid-five-figure closures.
- Shoulder and multi-body region spine claims push into six figures.
- Body part and chronicity remain strong value drivers.
-
Medicare Set-Aside (MSA) Structure Increasingly Significant
Two Plan 2 settlements include MSAs
- $100,000 shoulder case with $48,426.86 MSA
- $165,162 case with $38,542 seed + $96,620 annuity
Insight:
- MSAs are consuming a substantial portion of gross settlement value.
- Structured MSAs (seed + annuity) are being utilized in higher-exposure claims.
- Practitioners must assess net-to-claimant value carefully when negotiating closures involving Medicare beneficiaries.
-
Disputed Initial Compensability Cases Show Wide Valuation Spread (Plan 3 & UEF)
Disputed initial compensability settlements range from:
- $250 – $2,800 (minor soft tissue/finger/low back)
- $10,000 (knee; UEF trunk)
- $140,000 (soft tissue)
Insight:
- Minor injury compensability disputes resolve at nuisance values.
- However, higher-risk exposure claims (e.g., soft tissue with potential wage loss or future exposure) can still drive six-figure settlements even under dispute posture.
- Carriers are selectively paying to eliminate litigation uncertainty.
-
Attorney Representation Strongly Correlates with Higher Settlement Values
Observations from the data
- The highest-value Plan 2 settlements are attorney-represented.
- Many low-value disputed compensability settlements (under $10,000) show “None” for attorney.
- Plan 3 “Petition for Settlement – Medicals Closed” cases reach $90,000 when represented.
Insight:
Representation appears correlated with:
- Higher negotiated value
- Medical closure
- Structured settlements
- Complex litigation posture
For Montana practitioners, this underscores both:
- The economic impact of representation on claim valuation
- The strategic advantage of structured settlement planning in higher exposure claims
