Montana Workers’ Compensation Court
No new enumerated decisions this period.
Montana Workers’ Compensation Stipulations Summary through Dec. 19, 2025
PLAN 1
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney(s) | Respondent / Insurer Attorney(s) |
| Dawn Harrell v. Montana Health Network | Nov. 5, 2019;
Nov. 13, 2019; July 23, 2020; August 22, 2024; Oct. 28, 2024 |
Low back, buttocks, knee | Full and Final | $75,000.00 | Megan Miller,
Fair Claim Lawyers |
Joe Maynard,
Crowley Fleck PLLP |
| Todd Lamb v. MMIA | Nov. 7, 2024;
April 21, 2023; June 15, 2021; Feb. 28, 2019 |
Right shoulder/wrist, left foot, right bicep,
Low back |
Full and Final | $160,500.00 | Aaron Brann,
Travis & Brann |
Morgan Weber,
Browning, Kalecyzc, Berry & Hoven, PC |
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney(s) | Respondent / Insurer Attorney(s) |
| Karen Carpenter-Miller v. AIU Insurance Co. | Feb. 8, 2022; and Nov. 21, 2022 | Right knee, right hip, low back | Full and Final | $85,000.00 | Dean Blackaby,
Montana Work Comp Solutions |
Charlie Smith,
Crowley Fleck PLLP |
| Khaled Elgrkasi v. Alaska National Ins. Co. | April 10, 2025 | Body System (H. pylori) | Disputed Initial Compensability | $20,000.00 | Pro Se
|
Mark Buckwalter,
Buckwalter Webb, PLLC |
| Aaron Fussell v. Technology Ins. Co. Inc. | Nov. 22, 2021; Dec. 1, 2021, Jan. 1, 2022 | Low back; bilateral hernia; right hip | Full and Final | $8,000.00 | Matthew Murphy,
Murphy Law Firm |
Thomas Harrington,
Laird Cowley, PLLC |
| Scott Rothschiller vs. Security National Ins. Co. | Aug. 12, 2023; May 30, 2024; Feb. 9, 2025. | Right elbow, right ankle, right shoulder. | Full and Final | $50,000.00 | Matthew Murphy,
Murphy Law Firm |
Charlie Smith,
Crowley Fleck PLLP |
PLAN 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney(s) | Respondent / Insurer Attorney(s) |
| Yelder Espinoza v. Montana State Fund | Sept. 26, 2022 | TBI, skull fractures, facial fractures | Full and Final | $225,000.00 | Anthony Jackson, AFJ Law Firm, PLLC | Mark Meyer,
Montana State Fund |
| Armando Gallardo v. Montana State Fund | Nov. 14, 2024 | Low back, left lower extremity | Full and Final | $60,000.00 | Matthew Murphy,
Murphy Law Firm Ross Johnson, Kovacich, Snipes, Johnson |
Erik Coate,
Montana State Fund |
| Creston Jones vs. Montana State Fund | July 31, 2023 | Right arm, left shoulder, low back, neck, thoracic spine, rib cage and left knee | Full and Final | $5,000.00 | Stacy Tempel-St. John,
Fair Claim Lawyers |
Mark Meyer,
Montana State Fund |
ESD Settlements Approved through Dec. 12, 2025
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Klepzig, Carl | 1/3/2024 | Multiple Head Injury | Petition for Best Interest | $25,000.00 | Dalpiaz, Leslae |
| Rojas, Omar | 10/24/2022 | Lower Back Area | Petition for Settlement – Medical Closed | $12,000.00 | Tadlock, Charla |
| Sain, Richard | 10/1/2019 | Shoulder(s) | Petition for Best Interest | $20,000.00 | Doggett, Michael |
| Svir, Marilyn | 8/14/1991 | Lower Back Area | Petition for Settlement – Medical Reserved | $17,847.69 | Ferguson, Cameron |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Davis, Kyle | 4/14/2024 | Multiple Body Parts | Petition for Best Interest | $7,000.00 | |
| Yauri, Edison | 8/17/2024 | Finger(s) | Petition for Best Interest | $5,000.00 |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Ankney, Manley | 7/18/2022 | Ankle | Petition for Best Interest | $77,000.00 | Blackaby, Dean |
| Becerra, Maximo | 10/3/2020 | Lower Back Area | Petition for Settlement – Medical Closed | $175,000.00 | Miller, Megan |
| Buschang, Brian | 8/16/2023 | Soft Tissue | Petition for Best Interest | $50,000.00 | Evans, Alex |
| Dodson, Shawn | 1/11/2024 | Upper Back Area | Petition for Settlement – Medical Closed | $125,000.00 | Braukmann, Matthew |
| Foster, Emily | 3/27/2025 | Soft Tissue | Disputed Initial Compensability | $4,700.00 | Helmer, Chris |
| Sorenson, Shawna | 1/24/2025 | Multiple Lower Extremities | Petition for Best Interest | $24,950.00 | Dalpiaz, Miranda |
| Urban, Karl | 2/13/2023 | Lower Back Area | Petition for Settlement – Medical Closed | $150,000.00 | Miller, Andrew |
| Alcain, Rachel | 9/5/2025 | Lower Back Area | Petition for Best Interest | $1,025.00 | |
| Cookman, Samantha | 9/19/2025 | Soft Tissue | Disputed Initial Compensability | $1,500.00 | |
| Graham, Eric | 9/22/2022 | Skull | Disputed Initial Compensability | $500.00 | |
| Nell, Jacobus | 9/10/2025 | Multiple Upper Extremities | Petition for Settlement – Medical Closed | $6,600.00 | |
| Stringer, Israel | 8/27/2024 | Facial Bones | Petition for Best Interest | $5,500.00 | |
| Thennis, Tim | 6/15/2025 | Ankle | Petition for Best Interest | $7,000.00 |
5 Key Insights for Montana Work Comp Professionals
- Full and Final settlements dominate across all plan types, regardless of injury severity.
The overwhelming majority of Court-approved stipulations—across Plans 1, 2, and 3—are Full and Final settlements, including catastrophic injuries (e.g., TBI, skull and facial fractures at $225,000) as well as relatively modest multi-body claims. This reinforces the continued system-wide preference for claim closure over prolonged medical exposure, even in high-severity cases. - Settlement values vary more by plan type and body system than by number of injury dates.
Multiple dates of injury (including long claim histories spanning several years) do not necessarily correlate with higher settlement values. Instead, higher dollar outcomes appear most closely tied to neurological/head injuries and complex orthopedic involvement, particularly in Plan 3 cases involving Montana State Fund. - Disputed Initial Compensability cases resolve at comparatively low values—especially in ESD matters.
Both Court stipulations and ESD settlements show that “Disputed Initial Compensability” cases routinely resolve at the lowest settlement tiers (often under $5,000 in ESD approvals). This suggests these cases are frequently resolved as risk-management compromises rather than merits-based valuation of long-term exposure. - ESD settlements reflect a distinct valuation framework from Court stipulations.
Even for similar body parts (e.g., low back, soft tissue, ankle), ESD settlements—particularly “Petitions for Best Interest”—tend to be materially lower than Court-approved Full and Final stipulations. This highlights the practical importance of procedural posture and forum selection in settlement valuation strategy. - A relatively small group of attorneys repeatedly appear on high-frequency and higher-value cases.
The data shows repeat appearances by a limited number of petitioner and defense firms across plans and settlement types. For Montana practitioners, this underscores the continued importance of understanding counterpart negotiation patterns, insurer counsel tendencies, and historical settlement ranges when advising clients or setting reserves.
