Montana Workers’ Compensation Court
No decisions this reporting 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 |
| Crisler v. Zurich Am. Ins. Co.
|
Respondent’s Motion for Partial Summary Judgment | 5/11/26 |
| Crisler v. Zurich Am. Ins. Co.
|
Respondent’s Motion in Limine | 5/11/26 |
| Parker / Leggitt v. Safeway
|
Respondent’s Motion for Summary Judgment | 5/12/26 |
| Guitron v. UEF | UEF’s Motion for Summary Judgment | 5/15/26
|
| Guitron v. UEF | Villegas Del Villar’s Motion for Summary Judgment | 5/20/26
|
| Crisler v. Zurich Am. Ins. Co.
|
Petitioner’s Counter-Motion for Summary Judgment | 5/21/26
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| Parker / Leggit v. Safeway | Petitioner’s Objection to Overbroad Discovery / Respondent’s Motion to Compel | 6/16/26 |
| Wheeler v. Montana State Fund | Respondent’s Motion for Summary Judgment | 6/16/26 |
Upcoming Trials, Hearings & Conferences
| Date | Time | Place | Issue | Case |
| 8/19/2026 | 10:30 am | Helena | Trial | Krueger v. Clear Spring Prop. & Cas. Co. |
| 9/9/26 | 10:00 am | Via Zoom | Perpetuation Deposition of Dr. Hyman
|
Krueger v. Clear Spring Prop. & Cas. Co. |
| Week of
11/16/26 |
9:00 am | Butte | Trial | Krueger v. Clear Spring Prop. & Cas. Co. |
Montana Workers’ Compensation Stipulations Summary (through July 3, 2026)
PLAN 1
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Garnet Schatz v. Costco Wholesale Corp. | 10/10/2023 | Skin / Dermatitis | Full and Final – Medicals Closed | $24,750.00 | Miller, Megan
Fair Claim Attorneys |
Harrington, Thomas
Laird Cowley, PLLC |
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Mary Booth v. XL Ins. America, Inc. | 12/31/2024 | Left knee | Full and Final – Medicals Closed | $70,000.00 | Evans, Alex
Glacier Law Firm |
Potts, Adrianna
Potts Law, PLLC |
| Jason Ervin v. Nationwide Prop. & Cas. Co. | 12/17/2024 | Right knee | Full and Final -Medicals Closed | $42,500.00 | Miller, Megan
Fair Claim Attorneys |
Smith, Charlie
Crowley Fleck PLLP |
| Nora Gonzalez v. Alaska National Ins. Co. | 1/21/2026 | Low back | Full and Final – Disputed Initial Compensability | $25,000.00 | Wallace, Lucas
Odegaard Law Group |
Smith, Charlie
Crowley Fleck PLLP |
| Rafael Montanez v. Markel Ins. Co. | 8/13/2025 | Finger | Full and Final – Disputed Liability | $5,000.00 | Plath, Russ
Plath Kemmick Law, LLC |
Smith, Charlie
Crowley Fleck PLLC |
| Finnley Vandenbergh v. Great American Alliance Ins. Co. | 8/17/2023; 11/20/2024; | Trunk; Left shoulder | Full and Final – Medicals Closed | $45,000.00 | Murphy, Matthew
Murphy Law Firm |
Smith, Charlie
Crowley Fleck PLLC |
PLAN 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Christian Flores v. Montana State Fund | 7/11/2025 | Right ankle, low back, head | Full and Final – Medicals Closed | $85,000.00 | Dalpiaz, Leslae
Dalpiaz & Associates |
Meyer, Mark
Montana State Fund |
ESD Settlements Approved through June 26, 2026
PLAN 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Losett, Melissa | 2/11/25 | Multiple body parts | Disputed Initial Compensability | $45,000.00 | Tempel-St. John, Stacy |
| McConnell, Craig | 2/12/23 | Hip | Best Interests | $105,000.00 | Blackaby, Dean |
PLAN 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Crawford-Deriana, Catherine | 8/9/24 | Low back | Disputed Initial Compensability | $100,000.00 | Overturf, Greg |
| Dyson, Bryan | 1/14/25 | Low back | Perm Total – Medicals Closed | $39,856.00 | Van Engen, Miva |
| McLeod, Damain | 7/23/21 | Shoulder(s) | Petition for Settlement – Medicals Closed | $80,817.05 | McKenna, Sydney |
PLAN 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Adkison, Eldon | 1/25/21 | Low back | Best Interests | $115,000.00 | Harman, David |
| Big Back, Esther | 5/8/25 | Upper back | Petition for Settlement – Medicals Reserved | $16,546.00 | None |
| Brekke, Joseph | 5/20/26 | Multiple Trunk | Disputed Initial Compensability | $12,000.00 | None |
| Caoile, Jordan | 3/8/26 | Internal organs | Disputed Initial Compensability | $2,300.00 | None |
| Carson, Matthew | 5/25/26 | Facial bones | Disputed Initial Compensability | $500.00 | None |
| Chandler, Richard | 3/17/25 | Ankle | Best Interests | $115,000.00 | None |
| Hernandez Marin, Alex | 9/5/25 | Thumb | Petition for Settlement – Medicals Closed | $101,567.80 | Murphy, Matthew |
| Madland, Jason | 2/3/26 | Hand | Disputed Initial Compensability | $700.00 | Kemmick, Haley |
| McCallister, Charity | 2/19/26 | Low back | Disputed Initial Compensability | $500.00 | None |
| Melton, Justin | 10/8/25 | Thumb | Best Interests | $22,000.00 | None |
| Nichols, Gordon | 1/20/26 | Low back | Disputed Initial Compensability | $13,000.00 | Tempel-St. John, Stacy |
| Tarzian, Jaylyn | 5/11/24 | Brain | Best Interests | $5,400.00 | None |
Key Insights for Montana Work Comp Professionals
- The Workers’ Compensation Court has a significant number of dispositive motions awaiting decision.
The Court reported no new published decisions during this reporting period despite numerous summary judgment motions and other dispositive matters having been submitted between February and June 2026. The pending matters include multiple cross-motions for summary judgment, motions in limine, discovery disputes, and UEF litigation. Practitioners should anticipate continued delays in receiving precedential guidance and should account for longer decision timelines when evaluating settlement opportunities.
- Knee and low back injuries continue to generate the largest settlements.
Among both WCC stipulations and Employment Standards Division (ESD) settlements, low back and knee claims remain the highest-value orthopedic cases.
Examples include:
- Left knee settlement: $70,000
- Right knee settlement: $42,500
- Low back settlements ranging from $25,000 to $115,000
- Multi-body orthopedic injuries reaching $85,000 under Plan 3.
This continues the long-standing trend that lumbar spine and major joint injuries carry the greatest settlement exposure in Montana workers’ compensation claims.
- Disputed initial compensability claims continue to resolve across an extremely wide valuation range.
The report demonstrates that disputed liability cases settle for amounts ranging from only a few hundred dollars to well into six figures depending on the strength of liability and damages.
Examples include:
- Facial bones: $500
- Low back: $500
- Hand: $700
- Internal organs: $2,300
- Finger: $5,000
- Low back: $25,000
- Multiple body parts: $45,000
- Low back: $100,000
The variability underscores that compensability disputes remain highly fact-specific, with medical causation, wage exposure, and litigation risk driving settlement value more than the diagnosis alone.
- Full-and-final settlements with closed medical benefits remain the dominant resolution method.
Nearly every reported WCC stipulation utilized a Full and Final Settlement with medical benefits closed, regardless of whether the claim involved Plan 1, Plan 2, or Plan 3 coverage.
Only a small number of ESD settlements preserved medical benefits. This reflects the continuing preference among insurers and claimants for global closure rather than leaving future medical exposure open. Practitioners should continue emphasizing accurate future medical projections and Medicare compliance where applicable when negotiating these settlements.
- Defense counsel representation remains concentrated among a small number of firms.
The stipulation data continues to show a concentration of defense work among relatively few attorneys and firms. In this reporting period:
- Crowley Fleck appears repeatedly, representing insurers in several Plan 2 settlements.
- Montana State Fund handled its own defense in the reported Plan 3 settlement.
- Laird Cowley appears on the Plan 1 matter.
On the claimant side, settlements were distributed among a broader group of attorneys, with multiple appearances by firms such as Fair Claim Attorneys, Glacier Law Firm, Murphy Law Firm, Odegaard Law Group, Dalpiaz & Associates, and others. This concentration on the defense side may provide useful intelligence for practitioners assessing litigation strategies and settlement patterns with repeat opposing counsel.
