The Montana Weekly Work Comp Brief (#21 March 20,2026)

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Montana Workers’ Compensation Court

No new enumerated decisions this period.

Montana Workers’ Compensation Stipulations Summary (through March 19, 2026)
Plan 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Todd Lenegar v. Travelers Inc. Co. of Connecticut 6/14/21 Lumbar spine; Full and Final – Medicals Closed $65,000.00 Miller, Megan

FairClaim Work Comp Attorneys

Harrington, Thomas

Laird Cowley, PLLC

Mario Pacheco v. Hartford Fire Ins. Co. 11/11/24; Wrist; Full and Final – Medicals Closed $10,000.00 Dalpiaz, Miranda

Dalpiaz & Associates

 

Maynard, Joe

Crowley Fleck PLLP

Sherry Unger-Burley v. Victory Ins. Co. 11/18/24 Low back; Full and Final – Medicals Closed $7,500.00 Carey, Steve

Carey Law Firm

Maynard, Joe

Crowley Fleck PLLP

Makayla Wille v. New Hampshire Ins. Co. 7/2/24 Knee Full and Final – Medicals Closed $95,000.00 Brann, Aaron

Brann Law Firm PLLC

Maynard, Joe

Crowley Fleck PLLP

Plan 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Karrel Reynolds II v. Montana State Fund 10/30/23 Right Shoulder Full and Final – Medicals Closed $50,000.00 (-) overpayment of $13,622.43; MSA of $3,384.41 Rasmusson, Eric

Rasmusson Law Offices, PLLC

Meyer, Mark

Montana State Fund

ESD Settlements Approved through March 13, 2026
Plan 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Cobb, Denver 5/24/15 Knee Best Interests $25,000.00 None
Followell, Kim 10/1/25 Multiple body parts; Disputed Initial Compensability $10,000.00 None
Mahan, Brent 7/27/22 Shoulder(s) Best Interests $50,000.00 Helmer, Chris
Plan 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Kjono, Wyatt 10/27/25 Shoulder(s) Disputed Initial Compensability $12,000.00 None
Kuhl, Elizabeth 11/4/25 Shoulder(s) Disputed Initial Compensability $10,000.00 McKenna, Sydney
Steck, Willie 9/27/24 Lungs Single Issue $14,000.00 Murphy, Matthew
Plan 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney
Bestrom, Riley 8/23/24 Finger(s) Disputed Initial Compensability $300.00 None
Betcher, Tarra 2/10/26 Low back; Disputed Initial Compensability $1,100.00 None
Hughes, Summer Lee 3/17/25 Upper back; Disputed Initial Compensability $18,000.00 Helmer, Chris
Jacobsen, Jeanine 6/18/24 Multiple lower extremities Single Issue $750.00 McKeon, Michael Jr.
Kroth, Kyle 12/2/25 Soft tissue Disputed Initial Compensability $7,900.00 None
Luther, Joseph 11/14/24 Soft tissue Disputed Initial Compensability $5,900.00 None
Midguard, Jeffrey 3/25/23 Skull Best Interests $7,000.00 None
Pascoe, Paul 2/2/23 Knee Best Interests $105,000.00 None
Scott, Brandi 10/22/24 Knee Disputed Initial Compensability $1,200.00 None
Shultz, Suzuanne 11/1/17 Foot Petition for Settlement – Medicals Closed $28,000.00 Murphy, Matthew
Smith, Virginia 5/3/24 Hand Best Interests $2,600.00 None
Waldner, Jacob 7/9/25 Upper back Disputed Initial Compensability $1,000.00 None
5 Key Insights for Montana Work Comp Professionals
  1. Limited Number of New WCC Decisions → Settlement-Driven Environment

The report confirms no new enumerated decisions from the Montana Workers’ Compensation Court . While the Court has been receiving many new Petitions for Hearing, parties are settling prior to hearing. Consequently, even though many disputes are brought before the Court for trial, these don’t result in published decisions because of settlement.

Insight:

  • The system remains highly settlement-driven, with limited appellate or precedential guidance.
  • Practitioners should expect valuation to be shaped more by negotiation norms and recent stipulations than evolving case law.
  • This increases the importance of tracking settlement data (like this report) for valuation benchmarking.
  1. Plan 2 “Full & Final – Medicals Closed” Settlements Cluster in the $7.5K–$95K Range

Recent Plan 2 stipulations show a clear valuation band:

  • Low: $7,500 (low back)
  • Mid: $10,000 (wrist)
  • High: $95,000 (knee)

Insight:

  • Orthopedic injuries dominate and drive value (knee, lumbar spine, shoulder).
  • $50K–$95K range appears to represent cases with surgical exposure or higher impairment risk.
  • Lower settlements (~$7.5K–$10K) likely reflect limited treatment, low impairment, or causation disputes.
  1. Shoulder and Knee Claims Continue to Drive Mid-to-High Value Across Plans

Across Plan 1, 2, and 3 ESD settlements:

  • Shoulders: $10K → $50K
  • Knees: up to $105K

Insight:

  • Shoulder and knee injuries remain high-frequency, moderate-to-high value claims.
  • These body parts consistently:
    • Trigger impairment ratings under AMA Guides
    • Carry future medical exposure (PT, injections, possible surgery)
  1. Disputed Initial Compensability Cases Show Wide but Generally Low Valuation (Especially Plan 3)

Examples:

  • $300 (finger)
  • $1,000–$1,200 (back/soft tissue)
  • Up to $18,000 (upper back)

Insight:

  • Most disputed liability cases resolve at minimal nuisance value.
  • However, the spread (sub-$1K to ~$18K) suggests:
    • Strong fact patterns or medical support can still produce meaningful settlements
  • Strategic takeaway:
    • Early liability development (IME, mechanism analysis, prior history) remains critical to moving cases out of the “nuisance value” tier.
  1. Plan 3 and Low-Dollar Settlements Highlight Administrative Efficiency Over Litigation

Numerous settlements under $10K (many under $2K) appear in Plan 3

Insight:

  • These cases likely reflect:
    • Minimal medical exposure
    • Questionable causation or coverage issues
  • The system is functioning to resolve low-value claims efficiently without litigation escalation.
  • For practitioners:
    • These cases are often cost-of-defense driven, not impairment-driven
    • Early evaluation should focus on resolution timing vs. litigation cost

Bottom-Line Strategic Takeaways

  • Montana WC remains settlement-centric with stable valuation bands
  • Orthopedic claims (knee/shoulder/spine) continue to anchor value
  • Disputed compensability cases = leverage battleground
  • Low-value claims are being resolved quickly, reinforcing efficiency but requiring careful screening by counsel

Work Comp Articles

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