The Montana Weekly Work Comp Brief (#54 – November 9, 2026)

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Montana Workers’ Compensation Court

     No decisions reported this 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
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
SFR Performance, LLC v. ICCU ICCU’s Untimely Motion to Joint Necessary Third Party, and Clarify ICCU’s Position 10/30/26
     
     Upcoming Trials, Hearings & Conferences
Date Time Place Issue Case

 

11/25/26 9:00 a.m. Missoula / Zoom Deposition of Dr. Carter Beck Parties Not Identified

MSF-20026-0000029-WCI

Montana Workers’ Compensation Stipulations Summary (week ending November 6, 2026)
PLAN 1         
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Michelle Brist v. Logan Health Workers’ Compensation Program 2/9/23 Back; Full and Final – Medicals Closed $20,000.00 Evans, Alex

Glacier Law Firm, PLLC

Keller, Geoff

Matovich, Keller & Huso, P.C.

PLAN 2
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Robert Crisler, Jr. v. Zurich American Ins. Co. 10/18/23 Right shoulder; Full and Final – Medicals Closed $125,000.00 Everett, Ben

Everett Cook Law

Jennings, Steve

Crowley Fleck PLLP

PLAN 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Mark Kvamme v. Montana State Fund 6/13/24 Low back; left hip; Full and Final – Medicals Closed $145,000.00 Evans, Alex

Glacier Law Firm PLLC

Doud, Jeffrey

Montana State Fund

John Ruozi v. Montana State Fund 11/8/24 Back; Full and Final – Medicals Closed $275,000.00 Murphy, Tommy; Murphy, Matthew

Murphy Law Firm

Koch, Tori

Montana State Fund

ESD Settlements Approved through October 31, 2026
PLAN 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Allison, Peggy 6/11/23 Multiple; Neck; Petition for Settlement – Medicals Closed $17,000.00 Blackaby, Dean
Duel, Dave 12/10/97 Shoulder(s); Petition for Settlement – Medicals Closed $15,000.00 None
Wolstad, Donald 4/13/25 Knee; Best Interests $85,000.00 Duckworth, Kiel
PLAN 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Carlson, Sharon 7/30/25 Hand; Petition for Settlement – Medicals Closed $20,000.00 Miller, Megan
Ervin, Connor 11/12/24 Knee Best Interests $22,000.00 None
Kahm, Cory 6/17/26 Abdomen incl. groin; Disputed Initial Compensability $15,000.00 Rasmusson, Eric
Sebrasky, Kristophe 9/17/26 Multiple body parts; Disputed Initial Compensability; $7,500.00 None
PLAN 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Cowser, Michael 10/21/24 Soft tissue; Best Interests $8,200.00 Jones, Bradley
Foster, Benjamin 9/17/25 Foot; Best Interests $3,000.00 None
Saiville, Michael 8/28/25 Knee; Best Interests $16,625.00 None
Key Insights for Montana Work Comp Professionals
  1. Significant Settlement Values in Workers’ Compensation Court Stipulations

Four settlements totaling $565,000 were reported, with an average settlement of $141,250. The two largest involved back injuries: Ruozi v. Montana State Fund ($275,000) and Kvamme v. Montana State Fund ($145,000). Both were full and final settlements closing medical benefits. These outcomes demonstrate the potential value of claims involving spinal conditions, although the underlying medical and indemnity allocations are not provided.

  1. Summary Judgment Motions Dominate Pending Court Matters

Of the 12 listed submitted motions and miscellaneous matters, seven involve summary judgment or partial summary judgment. The pending matters include competing motions in Rutledge, Guitron, and Fievet. This concentration highlights the importance of developing a sufficient evidentiary record and identifying potentially dispositive legal issues before trial.

  1. Evidence Preservation Becomes a Contested Issue

In Burns v. Montana State Fund, the petitioner submitted a motion for sanctions for spoliation of evidence on October 9, 2026. Although the underlying allegations and merits are not detailed, the motion underscores the potential significance of preserving claim files, communications, medical documentation, and other evidence throughout the claims process.

  1. ESD Settlements Reveal Substantial Differences Between Settlement Categories

The ten ESD settlements approved through October 31 totaled $209,325, ranging from $3,000 to $85,000. Five Best Interests settlements totaled $134,825, while two disputed initial compensability settlements totaled just $22,500. These figures illustrate the wide variation in settlement amounts and suggest that compensability disputes may resolve at substantially lower values than some accepted claims, although the limited sample prevents broader conclusions.

  1. Settlement Activity Highlights the Importance of Medical Closure and Claim Maturity

All four reported Workers’ Compensation Court stipulations involved closure of medical benefits. Their injury dates ranged from February 2023 through November 2024, meaning the settlements occurred approximately two to nearly four years after injury. In contrast, ESD settlements included injuries occurring as recently as September 2026. The comparison illustrates how settlement timing and medical closure can differ significantly depending on the procedural posture and circumstances of the claim.

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