Montana Workers’ Compensation Court
No new enumerated decisions this period.
Montana Workers’ Compensation Stipulations Summary (through Feb. 26, 2026)
Plan 1
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Lenard Eschenbacher v. Weyerhauser Co. | 12/10/24; 7/15/22 | Low back, upper back | Full and Final – Medicals Closed | $2,000.00 | Dalpiaz, Leslae
Dalpiaz & Associates |
Smith, Charlie
Crowley Fleck PLLP |
Plan 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Morgan Boggs v. Zurich American Ins. Co. | 4/2/24 | Low back, left elbow | Full and Final – Medicals Reserved | $73,374.00 | Murphy, Matthew
Murphy Law Fierm |
Potts, Adrianna
Potts Law PLLC |
| Shawna DeYoung v. Employers Ins. Co. of Wausau | 6/9/24; 1/27/25 | Bilateral arms, lower leg | Full and Final – Medicals Closed | $12,500.00 | Blackaby, Dean
Wallace, Kevin Montana Work Comp Solutions |
Potts, Adrianna
Potts Law PLLC |
| Tammy Miller v. AIU Ins. Co. | 9/5/22; 9/19/22 | Multiple | Full and Final – Medicals Closed | $224.205.00
Incl. MSA of $89,205.00 |
Murphy, Matthew
Murphy Law Firm |
Potts, Adrianna
Potts Law PLLC |
| Elvia Purcell v. Crum & Forester Ind. Co. | 5/19/23 | Right knee | Full and Final – Medicals Closed | $95,000.00 | Murphy, Matthew
Murphy Law Firm |
Potts, Adrianna
Potts Law PLLC |
| Jason Surratt v. AIU Ins. Co. | 1/17/25 | Multiple | Full and Final – Medicals Closed | $150,000.00 | Murhpy, Matthew
Murphy Law Firm |
Maynard, Joe
Crowley Fleck PLLC |
Plan 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Matthew Ailer v. Montana State Fund | 5/18/11 | Right arm, right shoulder, head, neck | Full and Final – Medicals Closed | $165,000.00 | Dalpiaz, Leslae
Dalpiaz & Associates |
Meyer, Mark
Montana State Fund |
| Daniel Roope v. Montana State Fund | 8/12/24 | Left shoulder | Full and Final – Closed Period of Indemnity (Medicals Reserved) | $10,000.00 | Murphy, Tommy
Murphy Law Firm |
Wang, Haocheng
Montana State Fund |
ESD Settlements Approved through Feb. 20, 2026
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Hark, Grant | 11/17/97 | Multiple | Best Interests | $52,689.00 | Distefano, Francesa |
| Wood, Brian | 2/3/21 | Ear(s) | Petition for Settlement – Medicals Closed | $20,000.00 | None |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Chandler, Mary | 1/31/24 | Knee | Petition for Settlement – Medicals Reserved | $90,000.00 | Overturf, Lea |
| Hathaway, Mitchel | 10/2/25 | Hand | Best Interests | $8,500.00 | Miller, Megan |
| Marshall, Robbie | 2/13/25 | Low back | Best Interests | $105,00.00 | Tourtlotte, Matthew |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney |
| Coates-Smith, Shannon | 10/16/15 | Low Back | Disputed Initial Compensability | $3,500.00 | None |
| Fish, Kehan | 10/22/24 | Knee | Best Interests | $2,516.00 | None |
| Hartford, Kira | 9/2/25 | Chest | Best Interests | $785.00 | None |
| Ishler, Kalen | 7/23/25 | Low back | Best Interests | $4,800.00 | None |
| Katschke, Cynthia | 8/19/25 | Low back | Disputed Initial Compensability | $12,500.00 | Overturf, Greg |
| Plummer, Josh | 5/6/25 | Elbow | Best Interests | $17,500.00 | Miller, Megan |
| Roth, Tami | 12/23/19 | Facial bones | Petition for Settlement – Medicals Closed | $109,050.00 | Plath, Russ |
| Tennapel, James | 12/30/24 | Brain | Best Interests | $7,650.00 | None |
| Tennapel, James | 12/17/24 | Multiple lower extremities | Best Interests | $350.00 | None |
| Valla, Travis | 7/10/24 | Foot | Best Interests | $2,000.00 | None |
| Webster, William | 10/16/23 | Upper back | Best Interests | $75,000.00 | None |
| White, Thomas | 9/3/24 | Multiple lower extremities | Best Interests | $27,330.00 | None |
| Will, Tyler | 12/8/25 | Shoulder(s) | Disputed Initial Compensability | $20,000.00 | Helmer, Chris |
5 Key Insights for Montana Work Comp Professionals
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No New Published WCC Decisions – Settlement-Driven Environment
The report confirms:
“No new enumerated decisions this period.”
This reinforces that current outcomes are being shaped primarily through stipulations and ESD approvals, not appellate-level legal development. For Montana practitioners, that means:
- Fewer new precedential rulings shaping Plan 1/2/3 interpretation
- Increased importance of valuation benchmarking through settlement data
- Carrier strategy likely focused on risk control rather than legal expansion
-
Plan 2 Continues to Generate the Largest Settlement Values
Plan 2 stipulations include several high-value Full & Final settlements. Plan 2 remains the most financially significant arena for litigated settlements, especially when medicals are closed. This reflects:
Higher wage bases
Greater indemnity exposure
More frequent MSA-triggering cases
For claimant counsel, this reinforces the importance of Medicare conditional payment analysis and structured MSA negotiation.
-
“Medicals Closed” Dominates in Higher-Value Resolutions
Across Plans 2 and 3, larger settlements overwhelmingly reflect “Full and Final – Medicals Closed” settlements.
Where medicals were reserved, values trend significantly lower (e.g., $10,000 closed period indemnity).
Professional takeaway:
Carriers appear willing to pay premium dollars to eliminate long-tail medical exposure. That suggests:
- Future medical cost projections are materially influencing valuation
- Strong life-care or utilization guideline analysis increases leverage
- Closing medicals remains a major settlement value driver
-
Disputed Initial Compensability Cases Skew Low — With One Major Outlier
Most Plan 3 “Disputed Initial Compensability” settlements fall in very modest ranges.
Interpretation:
Compensability disputes generally resolve cheaply unless:
- There is significant wage exposure
- The medical evidence creates litigation risk
-
Repeated Defense & Claimant Counsel Concentration Signals Market Consolidation
The dataset shows recurring appearance of:
Potts Law PLLC (defense)
Crowley Fleck (defense)
Murphy Law Firm
Dalpiaz & Associates
Overturf (Odegaard)
Market Insight:
Montana workers’ compensation litigation remains highly concentrated among a relatively small bar. For professionals:
- Institutional knowledge and relationships remain critical
- Valuation norms likely influenced by repeat-player negotiation patterns
- Younger practitioners may find barriers to entry in complex Plan 2 cases
