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
|
| 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 |
| 7/15/26 | 10:30 am | Helena | Hearing | Wheeler v. Montana State Fund
|
| 8/19/26 | 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. |
| 10/20/26 | 9:00 am | Missoula | Perpetuation Deposition of Dr. Layton | Krueger v. Clear Spring Prop. & Cas. Co. |
| 11/4/26 | 10:00 am | Zoom / WA | Perpetuation Deposition of Dr. Corey | 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 9, 2026)
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Yareli Garcia v. Zurich American Ins. Co. | 1/24/22 | Right foot | Full and Final – Medicals Closed | $80,000.00 | Evans, Alex
Glacier Law Firm |
Smith, Charlie
Crowley Fleck PLLP |
| Kayla Pennington v. Safety Nat’l Cas. Corp. | 10/7/24 | Neck, upper back, head | Full and Final – Medicals Closed | $65,000.00 | Murphy, Matthew
Murphy Law Firm |
Thorsgard, Kai
Potts Law, PLLC |
ESD Settlements Approved through July 3, 2026
PLAN 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Albrecht, Lyle | 9/5/23 | Knee | Petition for Settlement – Medicals Reserved | $91,149.40 | Olson, Wayne |
| Johnson, Colby | 5/16/24 | Knee | Best Interests | $42,000.00 | Tourtlotte, Matthew |
| Welch, Cory | 8/14/24 | Knee | Best Interests | $105,000.00 | None |
PLAN 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Cunningham, Courtney | 3/4/25 | Knee | Petition for Settlement – Medicals Closed | $15,000.00 | Murphy, Tommy |
| Felix, Michael | 4/2/24 | Upper arm | Best Interests | $15,000.00 | None |
| Lewis, Christopher | 1/24/23 | Lower leg | Petition for Settlement – Medicals Closed | $80,000.00 | None |
| Libby, Rachel | 6/9/25 | Foot | Best Interests | $11,000.00 | Blackaby, Dean
Wallace, Kevin |
| Smith, Heather | 11/30/25 | Shoulder(s) | Petition for Settlement – Medicals Closed | $80,000.00 | Evans, Alex |
| Temple, Brian | 8/22/24 | Shoulder(s) | Best Interests | $5,000.00 | None |
PLAN 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Brinkman, Patrick | 10/17/24 | Soft tissue | Petition for Settlement – Medicals Closed | $103,500.00 | Murphy, Tommy |
| Chagua, Fortunato | 4/28/25 | Upper back | Petition for Settlement – Medicals Reserved | $1,382.16 | None |
| Conner, Monica | 10/7/25 | Low back | Best Interests | $1,300.00 | None |
| Getten, Sylvester | 6/6/26 | Soft tissue | Disputed Initial Compensability | $2,100.00 | None |
| Goble, Malcolm | 3/2/22 | Foot | Best Interests | $23,000.00 | None |
| Harrison, Cory | 3/22/22 | Knee | Best Interests | $8,100.00 | None |
| Hector, Elizabeth | 3/23/26 | Toes | Disputed Initial Compensability | $500.00 | None |
| Jansen Van Resenburg, Marthin | 4/14/26 | Low back | Disputed Initial Compensability | $1,245.00 | None |
| Lewis, Shawn | 4/23/26 | Skull | Disputed Initial Compensability | $1,050.00 | None |
| Markovich, Josh | 8/21/23 | Ankle | Best Interests | $250,000.00 | Miller, Andrew |
| Miller, Matthew | 1/21/26 | Low back | Best Interests | $860.00 | None |
| Reilly, Shelby | 1/31/26 | Skull | Disputed Initial Compensability | $3,850.00 | None |
Key Insights for Montana Work Comp Professionals
- The Workers’ Compensation Court’s docket is becoming increasingly motion-driven
Although there were no published decisions during this reporting period, the Court has a substantial number of dispositive motions under submission, including multiple summary judgment motions and motions in limine. This suggests that several important legal issues may soon be decided.
Notable pending matters include:
- Rutledge v. Technology Insurance Co. (cross-motions for summary judgment)
- Crisler v. Zurich American Insurance Co. (partial summary judgment and motion in limine)
- Parker/Leggitt v. Safeway
- Guitron v. UEF
- Wheeler v. Montana State Fund
Practice implication: Practitioners should monitor these cases closely because several have the potential to generate precedential opinions affecting compensability, discovery, and summary judgment practice.
- Knee and shoulder claims continue to dominate higher-value settlements
Reviewing both WCC stipulations and Department of Labor settlements shows that knees, shoulders, low backs, and feet continue to account for most significant settlement values.
Examples include:
- $250,000 ankle settlement (Plan 3)
- $105,000 knee settlement (Plan 1)
- $103,500 soft tissue settlement (Plan 3)
- $91,149 knee settlement
- Multiple shoulder settlements around $80,000.
Practice implication: Serious orthopedic claims continue to produce the largest settlement exposure, particularly where surgery, permanent impairment, or future medical benefits are involved.
- “Medicals Closed” remains the predominant settlement structure
Among larger settlements, the overwhelming majority are:
- Full and Final
- Petition for Settlement – Medicals Closed
Only a small number reserve future medical benefits.
Practice implication: This reflects the continued preference by insurers to obtain complete claim closure. Claimant attorneys should continue carefully valuing future medical exposure before recommending closure of medical benefits.
- Disputed compensability cases continue settling for modest amounts
Several Plan 3 settlements involving Disputed Initial Compensability resolved for relatively small figures:
- $500
- $1,050
- $1,245
- $2,100
- $3,850
During this week’s reporting period, Montana State Fund (Plan 3) settled 12 claims. Of those, 83% involved unrepresented claimants. Those 10 pro se settlements averaged $4,338.72 compared to 2 settlements involving attorneys which settled for an average of $176,750.00.
Practice implication: These settlements demonstrate that parties remain willing to resolve questionable liability claims early to avoid litigation costs. For both claimant and defense counsel, early case evaluation remains economically important.
- The second half of 2026 will feature several significant hearings and one closely watched trial
The Court calendar includes:
- Wheeler v. Montana State Fund hearing (July)
- Krueger v. Clear Spring Property & Casualty Co. trial (November)
- Multiple perpetuation depositions of medical experts before trial.
Practice implication: The Krueger litigation appears to be a major contested case, with several expert depositions scheduled months before trial. The number of expert witnesses suggests that the case may address significant medical or legal issues worth monitoring for future precedent.
