The Montana Weekly Work Comp Brief (#43 – August 21, 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

Wheeler v. Montana State Fund

 

Petitioner’s Motion for Summary Judgment 7/31/26
Wheeler v. Montana State Fund Petitioner’s Motion to Strike 8/12/26
Upcoming Trials, Hearings & Conferences
Date Time Place Issue Case
9/9/26 10:00 am Via Zoom Perpetuation Deposition of Dr. Hyman

 

Krueger v. Clear Spring Prop. & Cas. Co.

 

9/30/26 10.00 am Helena Trial 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 (week ending August 20, 2026)
PLAN 1
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Ashley Huss v. Federal Express Corp. 10/11/24; Left shoulder; neck; Full and Final – Disputed Initial Compensability $35,000.00 Overturf, Leanora

Odegaard Injury Lawyers

Maynard, Joe

Crowley Fleck PLLP

David Seeley v. Federal Express Corp. 7/17/24; Left knee; Full and Final – Disputed Initial Compensability $50,000.00 Braukmann, Matt

Rimrock Law, PLLC

Smith, Charlie

Crowley Fleck PLLP

PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Robert Chief Stick v. American Liberty Ins. Co. 10/27/25; Knee Full and Final – Medicals Closed $5,000.00 Miller, Megan

Fair Claim Lawyers

Maynard, Joe

Crowley Fleck PLLP

Kimberly Meyer v. State Nat’l Ins. Co. 3/14/25; Left shoulder; Full and Final – Medicals Closed $22,500,99 Rasmusson, Eric

Rasmusson Law Offices, PLLC

Thorsford, Kai; Potts, Adrianna

Potts Law PLLC

Tammy Rogers v. Safety National Casualty Co. 8/2/23; 7/13/24; 1/9/25; Shoulder(s) Full and Final –
Medicals Closed
$35,000.00 Blackaby, Dean

Montana Work Comp Solutions

Smith, Charlie

Crowley Fleck PLLP

Barry Six v. American Zurich Ins. Co. 10/24/24; Left shoulder; Full and Final – Medicals Closed $45,000.00 Tourtlotte, Matt

Miller Tourtlotte Law PLLC

Potts, Adrianna

Potts Law PLLC

PLAN 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Tyler Mullenbach v. Montana State Fund 12/2/24; Low back; Full and Final -Medicals Reserved $100,000.00 Wallace, Lucas

Odegaard Law Group PC

Wang, Haocheng

Montana State Fund

Mediator: Jay Dufrechou

ESD Settlements Approved through August 14, 2026
PLAN 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Brackett, Hunter 2/19/25; Multiple head; Petition for Settlement – Medicals Closed $2,500.00 Olson, Wayne
Huhn, Robert 6/16/24; Knee; Petition for Settlement – Medicals Closed $50,000.00 Carey, Steve
Morneau, Michelle 5/27/26; Multiple trunk; Disputed Initial Compensability $2,500.00 None
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Jones, Diana 12/19/25; Upper arm; Petition for Settlement – Medicals Closed $6,500.00 Plath, Russell
Reynolds, David 2/7/25; Lower leg; Petition for Settlement – Medicals Reserved $30,000.00 Murphy, Tommy
Spencer, Jacob 7/15/25; Low back; Best Interests $23,000.00 Brann, Aaron
Torgerson, Jason 11/23/22; Low back; Petition for Settlement – Medicals Closed $10,000.00 None
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Bergman, Curtis 10/19/23; Wrist; Best Interests $25,000.00 Murphy, Matthew
Bradley, Michael 5/17/24; Knee Best Interests $8,510.17 None
Coleman, Benjamin 6/12/24; Finger(s) Best Interests $175,000.00 None
Dillenbeck, David 8/10/05; Low back; Disputed Initial Compensability $225,000.00 Overturf, Greg
Elam, Amanda 10/3/25; Knee; Best Interests $2,300.00 None
Hagan, Danyell 6/13/26; Skull; Disputed Initial Compensability $3,000.00 None
Miccio, Mary 6/18/24; Multiple lower extremities; Best Interests $300,000.00 McKeon, Jr., Michael
Miller, Maquinn 9/10/25; Facial bones; Petition for Settlement – Medicals Closed; $3,525.00 None
Nichols, Jadon 6/6/25; Soft tissue; Disputed Initial Compensability; $5,132.00 Fletcher, Steve
Pacheco, Haden 10/25/22; Facial bones; Petition for Settlement – Medicals Closed $400,000.00 Olson, Wayne
Perman, Thomas 1/22/24; Upper back; Best Interests $2,000.00 None
Streit, Steven 6/17/24; Chest; Best Interests $7,850.00 None
Stringer, Cody 12/28/23; Ankle; Petition for Settlement – Single Issue $7,500.00 Blackaby, Dean
Venske, Mark 8/28/24; Upper back; Best Interests $1,750.00 None
Key Insights for Montana Work Comp Professionals
  1. Settlement values remain highly variable, even within similar injury categories.
    The reported settlements range from $1,750 to $400,000, illustrating how poorly body part alone predicts claim value. Knee claims, for example, range from $2,300 to $50,000, while low-back claims range from $10,000 to $225,000. This reinforces the importance of compensability, medical exposure, disability duration, procedural posture, and the status of future medical benefits when evaluating settlement value.
  2. Closing future medical benefits continues to be an important component of negotiated settlements.
    Among the Workers’ Compensation Court stipulations, four of the seven reported settlements expressly involve medical closure, with values ranging from $5,000 to $45,000. By contrast, the sole reported Plan 3 WCC settlement with medicals reserved—Mullenbach v. Montana State Fund—settled for $100,000. The data underscores that the treatment history and projected future medical exposure remain critical components of settlement analysis.
  3. Disputed compensability claims can still command substantial settlements—but the outcomes are extremely fact-dependent.
    The report includes disputed initial compensability settlements as low as $2,500–$5,132, but Dillenbeck produced a $225,000 settlement despite disputed initial compensability. At the WCC level, the two reported disputed-compensability settlements were $35,000 and $50,000. The takeaway is that a compensability denial should not automatically be equated with low settlement value where medical, disability, or litigation exposure is significant.
  4. A small number of large settlements account for much of the reported ESD settlement dollars.
    The ESD data includes three particularly large settlements: $400,000 for a facial-bones claim, $300,000 for multiple lower-extremity injuries, and $225,000 for a low-back disputed-compensability claim. Those three settlements alone total $925,000. This concentration cautions against relying on a simple average settlement figure as a benchmark for an ordinary Montana claim; medians and injury/settlement-type comparisons would likely provide more useful valuation information.
  5. The WCC docket shows substantial summary-judgment activity and relatively limited trial activity.
    Although there were no new WCC decisions during the reporting period, the submitted-matters docket contains numerous competing or pending summary-judgment motions, including cross-motions in Rutledge, Crisler, and Wheeler. Meanwhile, the upcoming calendar is concentrated primarily in Krueger and Wheeler. For practitioners, this suggests that several potentially significant legal issues are positioned for resolution through dispositive motions before—or instead of—trial, making these cases worth monitoring for forthcoming precedential decisions.

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