Montana Workers’ Compensation Court
Parker v. Safeway Inc., 2026 MTWCC 9
Case Number: SI-2026-0000002-SET
Decision Date: September 21, 2026
Attorneys:
Angella Parker, Pro Se;
Joe Maynard for Safeway, Inc.;
Summary: Parker sought to invalidate a Medicare Set-Aside (MSA) established as part of her 2018 workers’ compensation settlement and obtain a lump-sum distribution of the remaining funds, alleging she misunderstood the MSA’s terms. The Court granted Safeway’s motion for summary judgment, finding that Parker’s petition was barred by both the one-year deadline for relief from judgment based on mistake under M.R.Civ.P. 60 and the two-year limitation under § 39-71-2905(2), MCA. Relying on Heath v. Montana State Fund, 2019 MTWCC 4, the Court emphasized that a stipulated judgment is governed by Rule 60 rather than ordinary contract principles. The Court further determined that it lacked jurisdiction to modify agreements between Parker and third-party MSA administrators and that her prior settlement and dismissal with prejudice precluded relitigation of her underlying injury. The petition was dismissed with prejudice.
Key Takeaway: A workers’ compensation settlement incorporated into a stipulated judgment cannot be reopened based on an alleged mistake after Rule 60’s one-year deadline. Additionally, the Workers’ Compensation Court lacks jurisdiction to alter separate contractual arrangements governing the administration of Medicare Set-Aside funds involving third parties who were not parties to the original litigation.
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 |
Upcoming Trials, Hearings & Conferences
Currently no trials, hearings or depositions scheduled.
Montana Workers’ Compensation Stipulations Summary (week ending October 22, 2026)
PLAN 1
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Linda Kerr, surviving spouse of Herbert Kerr v. Intermountain Claims, Inc. & Montana Electric & Telephone Pool | 9/29/21 | Lungs; | Full and Final – Disputed Initial Compensability | $300,000.00 | Welder, Ethan; Leftridge, Dustin;
McGarvey Law |
Quinn, Marcel
Hammer, Quinn & Shaw, PLLC |
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Jeremy Phillips v. America Zurich Ins. Co. | 3/27/24 | Right shoulder; | Full and Final – Medicals Closed | $60,000.00 | Tourtlotte, Matt
Miller Tourtlotte Law, PLLC |
Smith, Charlie
Crowley Fleck PLLP |
| Willie Steck v. Employers Preferred Ins. Co. | 9/27/24 | Lung; | Full and Final – Medicals Closed | $27,500.00 | Murphy, Matthew
Murphy Law Firm |
Smith, Jeffrey
Neilson, Smith, Dietrich PLLC |
PLAN 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Tracey McCready v. Montana State Fund | 10/3/22; 11/3/22 | Low back; | Full and Final – Medicals Closed | $70,000.00 | McKenna, Sydney
McKenna & Starin Trial Attorneys, PLLC |
Meyer, Mark
Montana State Fund |
ESD Settlements Approved through October 16, 2026
PLAN 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Kornak, Amber | 5/17/18 | Multiple body parts; | Petition for Settlement – Medicals Closed | $215,000.00 | Murphy, Matthew |
PLAN 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Fernandez, Donald | 9/8/26 | Unidentified; | Disputed Initial Compensability | $10,000.00 | None |
| Grimes, Joel | 5/15/25 | Toes; | Best Interests | $80,000.00 | Duckworth, Kiel |
| Hailey, Lynn | 4/29/26 | Multiple body parts; | Best Interests | $22,500.00 | Dalpiaz, Leslae |
| Imhoff, Darrell | 9/24/24 | Soft tissue; | Petition for Settlement – Medicals Closed | $3,000.00 | None |
| Munoz, Cesar | 7/4/24 | Shoulder(s); | Best Interests | $112,500.00 | Overturf, Greg |
| Runde, Terry | 1/4/26 | Low back; | Disputed Initial Compensability | $7,500.00 | None |
| Spencer, Richard | 10/2/25 | Upper back; | Best Interests | $29,300.00 | None |
PLAN 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Figueroa, Lequis | 2/3/23 | Multiple lower extremities; | Petition for Settlement – Medicals Closed | $65,000.00 | Murphy, Matthew |
| Frazier, Catherine | 2/19/26 | Multiple body parts; | Disputed Initial Compensability | $75,000.00 | Blackaby, Dean |
| Hiebert, Curt | 7/27/26 | Ankle; | Disputed Initial Compensability | $4,500.00 | None |
| Jones, Jedidah | 3/28/26 | Knee; | Best Interests | $1,340.00 | None |
| Loos, George | 9/23/25 | Knee; | Best Interests | $25,000.00 | None |
| Luffman, Bobby | 4/29/19 | Low back; | Petition for Settlement – Medicals Reserved | $30,000.00 | MacKay, Thomas |
| Sundheim Novak, Jody | 1/21/25 | Elbow; | Best Interests | $20,000.00 | Tempel-St. John, Stacy |
| Thiessen, Daniel | 12/2/21 | Internal organs; | Petition for Settlement – Medicals Closed | $750,000.00 | Overturf, Greg |
| Wilke, Heather | 12/18/24 | Low back; | Best Interests | $31,966.55 | None |
| Wimberley, Dennis | 7/8/26 | Low back; | Disputed Initial Compensability | $600.00 | None |
Key Insights for Montana Work Comp Professionals
- Settlement Finality Reinforced by Workers’ Compensation Court. In Parker v. Safeway Inc., 2026 MTWCC 9, the Court held that a stipulated settlement judgment cannot be reopened based on an alleged mistake after the one-year deadline under Rule 60. The decision underscores the importance of fully understanding Medicare Set-Aside provisions before finalizing settlements.
- Settlement Values Demonstrate Significant Variation. The 21 reported settlements total approximately $1.94 million, ranging from $600 to $750,000. The median settlement was $30,000, illustrating how a relatively small number of substantial settlements can distort average settlement values.
- Medical Closure Represents Substantial Financial Exposure. The reported settlements involving closure of medical benefits totaled approximately $1.49 million, including a $750,000 settlement involving internal organs and a $215,000 multiple-body-part claim. These figures highlight the potential significance of future medical exposure in settlement negotiations.
- Disputed Compensability Claims Produce Widely Varying Outcomes. Six settlements involving disputed initial compensability ranged from $600 to $300,000. The substantial variation illustrates how medical evidence, potential indemnity exposure, and litigation risk can influence settlement values even when liability remains disputed.
- Pending Motions May Produce Important Procedural Guidance. The Workers’ Compensation Court has several significant motions awaiting resolution, including competing summary judgment motions in Rutledge and Fievet, a reconsideration motion in Crisler, and a motion for sanctions involving alleged spoliation of evidence in Burns. These cases warrant attention for potential developments in evidentiary standards, litigation procedure, and claim adjudication.
