The Montana Weekly Work Comp Brief (#40 – July 31, 2026)

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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
8/5/26 10:30 am Helena Hearing Stringer 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 30, 2026)
PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Chris Davis v. Victory Ins. Co. 1/26/24 Right eye Full and Final – Medicals Closed $20,000.00 Kemmick, Hayley

Plath Kemmick Law

Maynard, Joe

Crowley Fleck PLLP

ESD Settlements Approved through July 24, 2026
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Berweger, Sara 5/6/26 Lower leg Petition for Settlement – Medicals Reserved $8,000.00 Blackaby,
Dean
Finley, Elizabeth 6/19/24 Wrist Petition for Settlement – Medicals Closed $85,000.00 Murphy, Tommy
Fussell, Tonya 3/12/26 Upper arm Disputed Initial Compensability $10,000.00 Dalpiaz, Leslae
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Clemons, Josh 9/4/25 Upper back Best Interests $85,000.00 Dalpiaz, Leslae
Daw, Coley 5/29/26 Lower back Disputed Initial Compensability $4,500.00 None
Dobyns, Shawn 3/14/22 Hand Petition for Settlement – Medicals Closed $55,000.00 Murphy, Tommy
Hogue, David 7/14/25 Upper back Best Interests $3,500.00 None
Nicolson, Richard 12/13/25 Upper back Disputed Initial Compensability $75,500.00 Murphy, Matthew
Richardson, James 1/28/26 Ankle Best Interests $3,500.00 None
Rowe, Sr., Steven 11/16/25 Upper back Best Interests $16,000.00 None
Snyder, Theresa 3/15/24 Low back Best Interests $100,000.00 Moore, Kraig
Warren, Audrey 3/8/26 Multiple lower extremities Disputed Initial Compensability $1,750.00 None
Key Insights for Montana Work Comp Professionals
  1. The Workers’ Compensation Court remains quiet on published decisions due to parties not proceeding to trial, but a significant motions pipeline is developing.
    Few cases are proceeding to trial, so no new decisions were issued during this reporting period. Yet multiple summary judgment motions and dispositive motions remain under submission. This suggests practitioners should anticipate several potentially important rulings in the coming months on issues that could shape Montana workers’ compensation practice.
  2. Summary judgment continues to be an increasingly important litigation tool.
    The pending docket reflects numerous cross-motions and respondent summary judgment motions in cases such as Rutledge, Crisler, Parker/Leggitt, Guitron, and Wheeler. The volume of dispositive motions indicates parties are aggressively seeking resolution of legal issues before trial rather than relying solely on evidentiary hearings.
  3. The Court’s upcoming calendar highlights several cases worth monitoring.
    The docket includes multiple hearings, trials, and perpetuation depositions extending into November, with the Krueger v. Clear Spring Property & Casualty litigation involving several expert depositions before trial. These proceedings are likely to generate future guidance on disputed medical issues and trial practice.
  4. Settlement values continue to vary dramatically based on claim characteristics.
    Recent ESD-approved settlements range from $1,750 for a disputed compensability claim to $100,000 for a Best Interests settlement, illustrating the substantial impact that liability disputes, medical exposure, and settlement structure have on claim valuation.
  5. Disputed initial compensability remains a recurring settlement theme.
    Several recent Plan 3 settlements resolved disputed initial compensability issues involving injuries to the lower back, upper back, and multiple lower extremities. The continued appearance of these settlements suggests that compensability disputes remain a common mechanism for early claim resolution in Montana’s workers’ compensation system.

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