The Montana Weekly Work Comp Brief (#52 – November 2, 2026)

Facebook
Twitter
LinkedIn
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
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

 

Fievet v. FedEx Freight, Inc.

 

Respondent’s Motion for Summary Judgment 9/10/26
Boyer v. Montana State Fund

 

Petitioner’s Motion for Partial Summary Judgment 9/11/26
 

Crisler v. Zurich American Ins. Co.

 

 

Respondent’s Motion for Reconsideration

 

9/21/26

Koehler v. Victory Ins. Co.

 

Appeal of Department’s Order (ARM 24.5.530) 9/23/26
Mathiason v. Montana State Fund Petitioner’s Motion in Limine 9/25/26
Fievet v. FedEx Freight, Inc.

 

Petitioner’s Cross Motion for Summary Judgment 10/2/26
Burns v. Montana State Fund Petitioner’s Motion for Sanctions for Spoilation of Evidence

 

10/9/26
Glover v. Montana State Fund Respondent’s Motion for Summary Judgment 10/27/26
     Upcoming Trials, Hearings & Conferences

       No current Trial, Hearings, or Conferences Scheduled.

Montana Workers’ Compensation Stipulations Summary (week ending October 29, 2026)
PLAN 1         
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Jay Bonner v. IHC Health Services, Inc. 8/22/24 Back; head; Full and Final – Medicals Closed $45,000.00 Overturf, Lea

Odegaard Law Group, P.C.

Potts, Adrianna

Potts Law PLLC

Bonnie Frye v. Montana Health Network WC Ins. Trust 11/14/23; 8/17/19; 1/5/26; Back; neck; Full and Final – Medicals Closed $50,000.00 Wallace, Lucas

Odegaard Law Group, P.C.

Maynard, Joe

Crowley Fleck PLLP

Katherine Miller v. MUS Self-Funded Workers’ Compensation Program and Montana State Fund 4/2/23 Right knee, thoracic spine; left wrist and elbow; Full and Final – Medicals Closed $20,000.00    
PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Joseph Freshment v. Sequoia Ins. Co. 7/15/26 Groin; Full and Final – Disputed Initial Compensability $12,500.00 Dalpiaz, Leslae

Dalpiaz & Associates

Maynard, Joe

Crowley Fleck PLLP

Ray Greninger v. Insurance Co. of the State of PA 10/18/25 Left arm and shoulder; Full and Final – Medicals Closed $56,500.00 inclusive of $8,344.00 MSA Murphy, Matthew

Murphy Law Firm

Potts, Adrianna

Potts Law, PLLC

Bryan Krueger v. Clear Spring Property & Casualty Co. 5/27/25 Multiple; Full and Final – Medicals Closed $100,000.00 Overturf, Lea; Overturf, Greg

Odegaard Law Group, P.C.

Smith, Charlie

Crowley Fleck PLLP

Caleb Zenahlik v. Technology Ins. Co. Inc. 1/20/23 Cervical spine; Full and Final -Disputed Initial Compensability $50,000.00 Murphy, Tommy

Murphy Law Firm

Harrington, Thomas

Laird Cowley, PLLC

PLAN 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Katherine Miller v. MUS Self-Funded Workers’ Compensation Program and Montana State Fund 4/2/23 Right knee, thoracic spine; left wrist and elbow; Full and Final – Medicals Closed $20,000.00 Miller, Megan

Fair Claim Lawyers

Keller, Geoff

Matovich, Keller & Huso, P.C. for MUS

Kila Wolfe v. Montana State Fund 2/26/25 Low back; Full and Final – Medicals Closed $10,000.00 McKenna, Syd

McKenna & Starin Trial Lawyers, PLLC

Meyer, Mark

Montana State Fund

ESD Settlements Approved through October 23, 2026
PLAN 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Novich, Sam 1/4/21 Low back; Petition for Settlement – Medicals Closed $24,900.00 Murphy, Tommy
Wheeler, Derek 3/9/24 Soft tissue; Petition for Settlement – Medicals Closed $10,000.00 None
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Calvin, Diann 1/15/18 Hip; Petition for Settlement – Medicals Closed $2,500.00 Overturf, Greg
Ellis, Heidi 8/14/25 Low back; Disputed Initial Compensability $20,000.00 Wallace, Lucas
Haaland, Randall 2/15/25 Shoulder(s); Best Interests $15,000.00 None
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Anderson, Shane 5/2/25 Wrist; Best Interests $2,360.00 None
Brown, Amanda 3/5/26 Upper back; Disputed Initial Compensability $1,730.00 None
Carlon, Paul 8/3/26 Knee; Best Interests $600.00 None
Erickson, Travis 11/21/23 Skull; Best Interests $2,100.00 None
Ertel, Doug 12/19/25 Upper Back; Disputed Initial Compensability $3,870.00 None
Harris, Joshua 3/12/26 Internal Organs; Disputed Initial Compensability $5,650.00 None
Mackenzie, Dakota 5/21/26 Skull; Best Interests $8,500.00 None
Richie, John 10/19/21 Soft tissue; Best Interests $60,000.00 Bradford, R. Spencer
Sullivan, Steven 9/8/21 Elbow; Best Interests $90,000.00 Schulke, J. Kim
Swanson, Patrick 10/16/24 Upper back; Best Interests $48,000.00 Murphy, Matthew
Toomey, Mary 4/1/26 Low back; Disputed Initial Compensability $10,000.00 Miller, Andrew
UEF
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Hogan, Steve 8/26/25 Multiple lower extremities; Petition for Settlement – Medicals Closed $15,000.00 Overturf, Greg
Key Insights for Montana Work Comp Professionals
  1. Summary Judgment Motions Dominate Pending Court Matters. Seven of the 12 listed motions involve summary judgment, including competing motions in Rutledge, Guitron, and Fievet. This concentration suggests that legal questions potentially dispositive of claims remain a significant focus of current Workers’ Compensation Court activity.
  2. WCC Settlement Values Show Considerable Variation. The eight distinct settlements reported across Plans 1–3 total $344,000, with an average of $43,000 and a range of $10,000 to $100,000. The $100,000 Krueger settlement is the largest reported, illustrating the substantial variation in negotiated claim values.
  3. Disputed Compensability Claims Continue to Generate Meaningful Settlements. Two WCC settlements involving disputed initial compensability totaled $62,500, including $50,000 in Zenahlik v. Technology Insurance. These outcomes demonstrate that disputed liability does not necessarily prevent substantial negotiated resolutions.
  4. ESD Plan 3 Settlements Exhibit a Wide Range of Values. The 11 reported Plan 3 settlements total $232,810, ranging from $600 to $90,000. The three largest settlements account for approximately 85% of the total, demonstrating how a relatively small number of higher-value claims can significantly influence aggregate settlement statistics.
  5. Attorney Representation Is Concentrated Among Higher-Value ESD Plan 3 Settlements. All four Plan 3 settlements exceeding $10,000 involved represented workers, while six of the seven settlements of $10,000 or less involved unrepresented workers. Although the sample is limited and does not establish causation, the pattern raises an important question about the relationship between representation, claim complexity, and settlement value.

Work Comp Articles

  • The Montana Weekly…

    Montana Workers’ Compensation Court  No decisions this reporting period. SUBMITTED…

  • The Montana Weekly…

    Montana Workers’ Compensation Court Parker v. Safeway Inc., 2026 MTWCC…

  • The Montana Weekly…

    Montana Workers’ Compensation Court Boyer v. Montana State Fund, 2026…

  • Free Case Review

    We’ll review your case for free. You won’t be limited by the clock. We will talk as long as necessary to understand your claim. We will give you a clear roadmap and help you understand the steps you can take to improve your position.

    Call Email