The Montana Weekly Work Comp Brief (#28 – May 7, 2026)

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MONTANA WORKERS’ COMPENSATION COURT
Published Opinions

(No decisions reported during this period)

Submitted Matters
Motions & Miscellaneous Matters
Case Pleading Date Submitted
Rutledge v. Technology Ins. Co. Petitioner’s Cross-Motion for Summary Judgement 2/11/26
Rutledge v. Technology Ins. Co. Respondent’s Motion for Summary Judgment 2/17/26
Glover v. Montana State Fund Petitioner’s Motion to Stay IME and Motion for Discovery Sanctions 4/3/26
Munn v. Montana State Fund Petitioner’s Motion for Summary Judgment 4/13/26
DesRosier v. MMIA Respondent’s Motion for Summary Judgment 5/4/26
Montana Workers’ Compensation Stipulations Summary (through May 7, 2026)
PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Randi Blake v. Sagamore Ins. Co. 6/30/23 Low back Full and Final – Medicals Closed $60,000.00 Braukmann, Matt

Rimrock Law PLLC

Potts, Adrianna

Potts Law PLLC

Davian Konshur v. Technology Ins. Co. 2/1/23 Head, neck, back, vision and psychological injury Full and Final – Medicals Closed $125,000.00 Tempel-St. John, Stacy

FairClaim Law

Maynard, Joe

Crowley Fleck PLLP

Jeffrey Schellet v. Victory Ins. Co. 4/30/24 Shoulder Full and Final – Medicals Closed $24,382.00

Inclusive of $7,739.52 MSA

Duckworth, Kiel

Duckworth Law Office

Maynard, Joe

Crowley Fleck PLLP

Elijah Stinson v. Sentinel Ins. Co. Ltd. 2/23/24 Head, neck, thoracic and lumbar spine Full and Final – Medicals Closed $40,000.00 Tempel-St. John

FairClaim Law

Maynard, Joe

Crowley Fleck, PLLP

ESD Settlements Approved through May 1, 2026
PLAN 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Killingsworth, Dennis 10/15/10 Lungs Disputed Initial Compensability $5,000.00 Blackaby, Dean
Shanley, Jason 5/31/24 Low back Petition for Settlement – Medicals Closed $75,000.00 Braukmann, Matt
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Handran, William 5/7/02 Multiple head Best Interest $287,583.35 Murphy, Tom
Leach, Jayme 8/30/24 Shoulder(s) Best Interest $12,500.00 Wallace, Lucas
Mee, Michelle 9/12/14 Lower leg Best Interest $100,000.00 Miller, Megan
Woods, Hollie 7/12/24 Knee Best Interest $17,500.00 Murphy, Matthew
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Adkins, Dana 12/1/25 Upper Arm Petition for Settlement – Medicals Reserved $1,448.88 None
Bales, James 3/7/25 Low back Best Interest $62,100.00 None
Burgess, Tabitha 5/3/25 Low back Best Interest $3,800.00 None
Clark, Ian 1/29/25 Upper back Best Interest $1,050.00 None
Hafele, Matt 3/4/26 Foot Disputed Initial Compensability $3,700.00 None
Kratsch, Amber 8/15/25 Internal organs Disputed Initial Compensability $10,500.00 Murphy, Tommy
Lantz, Les 12/4/23 Knee Petition for Settlement – Medicals Reserved $75,000.00 None
McWilliams, Richard 1/19/24 Low back Petition for Settlement – Medicals Reserved $62,000.00 Murphy, Matthew
Rice, Danial 9/15/25 Upper back Best Interest $2,575.00 None
Theriault, Tyler 3/23/26 Ankle Best Interest $485.00 None
Thomson, Josh 2/15/24 Wrist Best Interest $45,000.00 None
Wynn, Dustin 5/6/25 Wrist Disputed Initial Compensability $2,500.00 None

Key Insights for Montana Work Comp Professionals

  1. Low back claims continue to drive higher settlement exposure.

    Multiple of the larger settlements involved lumbar spine conditions, including:
  • $125,000 involving head, neck, back, vision, and psychological injury;
  • $75,000 low back settlement in the ESD Plan 1 data;
  • $62,100 and $62,000 Plan 3 low back settlements; and
  • several additional low back “medicals closed” resolutions.

    The data reinforces the continuing trend that lumbar spine claims remain among the most expensive and litigated categories in Montana workers’ compensation.

  1. Psychological and multi-system injury allegations materially increase claim value.

    The highest reported Plan 2 WCC stipulation during this reporting period was the $125,000 settlement involving head, neck, back, vision, and psychological injury. This reflects the substantial value escalation that often occurs when psychological injury components or multi-system complaints become part of the compensability or exposure analysis.

  2. Crowley Fleck and FairClaim Law remain highly visible in higher-value litigated claims.

    The stipulation summaries show repeated appearances by:

  • Respondent counsel from Crowley Fleck PLLP; and
  • Petitioner counsel associated with FairClaim Law/FairClaim Attorneys.

    This suggests those firms continue to play a substantial role in litigated or settlement-sensitive Montana workers’ compensation matters, particularly in Plan 2 insurer disputes.

  1. Many Plan 3 settlements resolve for comparatively modest amounts and frequently without attorney involvement.

    Numerous Plan 3 ESD settlements involved:

  • disputed initial compensability claims;
  • relatively recent dates of injury; and
  • settlement amounts under $5,000.

    Many of these cases listed “None” under attorney representation. This suggests that smaller-value Plan 3 disputes continue to resolve administratively and early, often without extensive litigation or retained counsel.

  1. The Workers’ Compensation Court currently appears heavily motion-driven despite the absence of published opinions.

    The reporting period reflects:

  • no published decisions;
  • multiple pending summary judgment motions; and
  • discovery and IME-related disputes.

    This may indicate that many disputes are resolving before final published adjudication, while procedural and legal threshold issues—particularly summary judgment practice—remain highly active in the Montana Workers’ Compensation Court.

Work Comp Articles

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    MONTANA WORKERS’ COMPENSATION COURT Published Opinions (No decisions reported during…

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