The Montana Weekly Work Comp Brief (#39 – July 24, 2024)

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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
   7/29/26 10:00 am Helena Hearing Mullenbach 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.
11/6/26 8:30 am Missoula Trial Wheeler v. Montana State Fund
Week of

11/16/26

9:00 am Butte Trial Krueger v. Clear Spring Prop. & Cas. Co.
Montana Workers’ Compensation Stipulations Summary (through July 23, 2026)
PLAN 1
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Thomas Schafer v. Stillwater Mining Co. 10/27/03; 4/27/21; 7/3/19; 4/26/19; 4/4/19; 8/30/12 Lower leg; upper back; ears; shoulders; neck; and eye; Full and Final – Disputed Initial Compensability $75,000.00 Haynes, Michael

Joyce, MacDonald, Haynes & Johnston, PLLP

Maynard, Joe

Crowley Fleck PLLP

PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Kelly Cofield v. Great American Ins. Co. / Strategic Comp. 3/11/26 Left hip; bilateral hands; Full and Final – Disputed Initial Compensability $87,500.00 Snipes, Ben

Kovacich Snipes Johnson PC

Bell, Tom

Laird Cowley, PLLC

Brian Hughes v. Hartford Indemnity Co. 12/10/24; 7/8/25; Low back Full and Final – Medicals Closed $50,000.00 Tempel-St. John, Stacy

Fair Claim Lawyers

Maynard, Joe

Crowley Fleck PLLP

Alyna Thiel v. Employers Preferred Ins. Co. 8/2/25; Right shoulder Full and Final – Disputed Initial Compensability $37,500.00 Quale, Melissa

Dalpiaz & Associates

Smith, Jeffrey

Neilson, Smith, Dietrich PLLC

ESD Settlements Approved through July 17, 2026
PLAN 1                     
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Dunlap, Johnnie 3/28/24 Shoulder(s) Petition for Settlement – Medicals Closed $62,000.00 None
Richard, William 2/25/13 Shoulder(s) Other – Denied Parts of Body Settled $15,000.00 None
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Garza, Guadalupe 4/21/26 Shoulder(s) Disputed Initial Compensability $6,000.00 Quale, Melissa
Watts, David 8/14/24 Disc Best Interests $60,000.00 None
McCormick, Zander 4/3/25 Knee Petition for Settlement – Medicals Closed $2,250.00 None
Stevens, Bruce 1/1/08 Low back Petition for Settlement – Medicals Closed $12,500.00 Dalpiaz, Leslae
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Anthony-Bechtold, Cherie 12/17/25 Hand Disputed Initial Compensability $3,000.00 Helmer, Chris
Sperry, Jacob 8/15/24 Upper back Best Interests $62,500.00 Overturf, Lea
Smith, Susan 5/23/26 Upper back Disputed Initial Compensability $7,300.00 None
Creason, Harold 9/26/24 Internal organs Best Interests $12,200.00 None
Martinez, Hector 7/5/25 Elbow Best Interests $1,000.00 None
Drivdahl, Joel 3/31/26 Internal organs Disputed Initial Compensability $18,000.00 None
Rodseth, Abby 7/17/25 Knee Best Interests $1,060.00 None
Loomis, John 2/25/21 Wrist Petition for Settlement – Medicals Reserved $30,000.00 None
James, Noah 9/13/24 Ankle Petition for Settlement – Medicals Closed $18,500.00 Murphy, Tommy
Smith, Jordus 7/5/24 Upper back Petition for Settlement – Medicals Closed $20,000.00 None
Mellor, Georgia 8/4/25 Facial bones Best Interests $17,500.00 None
Higgins, Rachell 4/21/25 Low back Disputed Initial Compensability $8,000.00 Bulman, Thomas
Perry, Wyatt 4/21/26 Upper back Disputed Initial Compensability $6,500.00 Helmer, Chris
Elushik, Christopher 2/5/24 Elbow Best Interests $3,800.00 None
Nichols, Benjamin 9/29/24 Low back Best Interests $8,950.00 None
Key Insights for Montana Work Comp Professionals
  1. The Montana Workers’ Compensation Court remains procedurally active despite issuing no new decisions.
    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 in Rutledge, Crisler, Parker/Leggitt, Guitron, and Wheeler. This suggests several potentially significant precedential decisions may be forthcoming.
  2. Disputed initial compensability continues to drive substantial settlements.
    Several of the largest reported settlements involve disputed initial compensability, including:

Kelly Cofield – $87,500
Thomas Schafer – $75,000
Alyna Thiel – $37,500

This trend indicates insurers continue to place significant value on resolving exposure before compensability questions are litigated through trial.

  1. The Court’s upcoming trial calendar highlights cases practitioners should monitor.
    The calendar reflects several matters likely to produce important rulings, particularly:
  • Krueger v. Clear Spring Property & Casualty Co., which includes multiple perpetuation depositions before trial.
  • Wheeler v. Montana State Fund, scheduled for trial in November.

These cases may generate opinions affecting litigation strategy later this year.

4.   ESD settlement values remain highly variable, reinforcing the importance of claim-specific valuation.
The Employment Standards Division approved settlements ranging from approximately $1,000 to more than $62,000, depending on injury type, compensability issues, and whether                      medical benefits remained open or closed. The broad range underscores that settlement value is driven by medical exposure and litigation risk rather than injury classification alone.

  1. Shoulder, back, and orthopedic claims continue to dominate settlements.
    The reported court stipulations and ESD settlements are heavily concentrated in:
  • Shoulder injuries
  • Low back and upper back conditions
  • Knee injuries
  • Hand and upper extremity claims

This pattern continues the longstanding trend that musculoskeletal injuries comprise the majority of litigated and settled Montana workers’ compensation claims.

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