Montana Workers’ Compensation Court
No new enumerated decisions this period.
Montana Workers’ Compensation Stipulations Summary (through December 4, 2025)
PLAN 1
No approved stipulations for Plan 1 carriers.
PLAN 2
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Austin, Donald W. v. Old Republic Ins. Co. | 3/31/2022 | Left & right shoulders; abdomen | Full & Final (disputed liability) | $50,000 | Pro Se | Charlie K. Smith,
Crowley Fleck, PLLP |
| Bushilla, Shana v. Old Republic Ins. Co. | 1/21/2009 | Right wrist; bilateral knees | Full & Final (disputed basis) | $10,000 | John Doubek,
Doubek, Pyfer, & Storrar |
Thomas J. Harrington
Laird Cowley, P.C. |
| Hibl, Lee v. Indemnity Insurance Co. of North America | 8/26/2022 | Upper back | Full & Final (disputed liability) | $50,000 | William Dean Blackaby
Montana Work Comp Solutions |
Charlie K. Smith,
Crowley Fleck, PLLP |
| Malenowsky, Chris v. Ohio Security Insurance Co. | 7/11/2022 | Multiple: low back, extremities, ribs, hip, pelvis, shoulder | Full & Final | $170,000 | Leslae J.E. Dalpiaz
Dalpiaz & Associates |
Adrianna Potts,
Potts Law, PLLC |
PLAN 3
| White, James D. v. Montana State Fund | 11/29/2021 | Low back; mental health conditions | Partial settlement – impairment only | $27,500 | Ross T. Johnson.
Kovacich Snipes Johnson, P.C. |
Mark D. Meyer,
Montana State Fund |
ESD Settlements Approved through 11-30-25
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Wanda Spaulding | 12/8/2023 | Multiple body parts | Petition for Best Interest | $20,000.00 | — |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Heather Dickinson | 2/28/2025 | Elbow | Petition for Best Interest | $10,000.00 | Helmer, Chris |
| Kelli Bruner | 8/4/2021 | Knee | Petition for Best Interest | $26,792.75 | — |
| April Klopenstein | 3/8/2023 | Shoulder(s) | Petition for Settlement – Medical Closed | $90,000.00 | — |
| Robert Schaefer | 12/6/2024 | Lower arm | Petition for Best Interest | $4,500.00 | — |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Darrell Bacon | 9/17/2024 | Foot | Petition for Best Interest | $10,000.00 | Field, Avery |
| Christian Flores | 7/11/2025 | Lower back area | Other – Single Issue Settlement | $11,000.00 | Dalpiaz, Miranda |
| Curtis Henry | 9/24/2020 | Knee | Petition for Settlement – Medical Closed | $25,000.00 | Blackaby, Dean |
| Chris Ryan | 6/15/2022 | Pelvis | Petition for Best Interest | $7,500.00 | Blackaby, Dean |
| Jasper Cook | 6/18/2025 | Facial bones | Petition for Best Interest | $2,775.00 | — |
| Catherine Lane | 6/29/2023 | Knee | Petition for Best Interest | $21,033.00 | — |
| Randall Simms | 8/6/2020 | Lower back area | Petition for Settlement – Medical Reserved | $86,500.00 | — |
| Andrew Stevens | 7/26/2024 | Upper back area | Petition for Best Interest | $30,000.00 | — |
5 Key Insights for Montana Work Comp Professionals
-
Sharp Increase in Full & Final Settlements Under Plan 2
Plan 2 carriers show multiple Full & Final settlements, including two notable $50,000 disputed-liability closures and a $170,000 comprehensive multi-body-part settlement.
This indicates:
- A continued trend toward closing long-tail exposures via F&F agreements.
- Disputed-liability cases closing at mid-five-figure valuations, suggesting a relatively stable negotiation range.
-
Plan 1 Carriers Are Nearly Absent From Stipulations
There are no Plan 1 stipulations and only one ESD settlement ($20,000) for Plan 1.
This is significant because:
- It may reflect fewer litigated Plan 1 disputes, or
- A strategic preference by Plan 1 employers/carriers to resolve matters outside the court-approved stipulation process.
-
Plan 3 (Montana State Fund) Continues Using Limited-Scope Settlements
State Fund cases include impairment-only and medical-closed settlements with moderate settlement values (e.g., $27,500 impairment-only; $25,000 medical-closed).
This indicates:
- During this reporting period, State Fund is using narrowly tailored settlement structures instead of full closures.
- Consistency with MSF’s recent tendency to retain control of future medical exposure unless clearly appropriate to close.
-
ESD Settlements Display Wide Valuation Range and Increasing Use of “Best Interest” Petitions
Across all plans, ESD settlements range from $2,775 to $90,000, with “Petition for Best Interest” appearing frequently—particularly in Plans 2 and 3.
This suggests:
- A growing reliance on Best Interest settlements for claimants without counsel or in lower-exposure files.
- The lower range values (<$10,000) reflect targeted resolution of discrete or aging claims with limited impairment or medical disputes.
- Multi-Body-Part Claims Continue to Generate Significantly Higher Settlement Values
The highest settlement reported—$170,000—involves injuries to multiple major anatomical regions (spine, extremities, ribs, pelvis, shoulder).
Professionally, this illustrates:
- A continued correlation between multi-region injury claims and high settlement values, even when not explicitly tied to catastrophic injuries.
- Carriers’ willingness to pay a premium for global closure of complex exposure profiles.
A NOTE TO THE MONTANA COMMUNITY
In 2020, Montana Work Comp Solutions committed to contributing to our communities through our “Community Solutions” programs. Our primary focus is addressing food insecurity across the state.
With the recent threat to SNAP benefits and federal government shutdown, there is more pressure than ever on food banks and pantries. And while SNAP benefits were ultimately restored, food banks are still seeing record numbers of visits. This is particularly true with Christmas approaching.
Please clink on the link and take a moment to watch the video below to gain a sense of the food pressure in Montana’s rural communities. We’ve also included links to many of Montana’s food banks so that you can donate to your local community food bank. Please consider doing so.
CLICK HERE TO Learn More about Food Insecurity in Montana
HERE ARE SOME LINKS TO DONATE TO YOUR LOCAL FOOD BANKS
BILLINGS
https://billingsfoodbank.com/donate/
BOZEMAN
https://gallatinvalleyfoodbank.org/donate/
BROWNING
https://givebutter.com/FASTBlackfeet
BUTTE
https://www.paypal.com/donate/?hosted_button_id=W6EC93MLALV2Q
GREAT FALLS
https://www.greatfallsfoodbank.org/donate
HELENA
https://helenafoodshare.org/donate/
KALISPELL
https://flatheadfoodbank.org/donate/
MISSOULA
https://www.classy.org/give/565121/#!/donation/checkout
MONTANA FOOD BANK NETWORK
https://mfbn-general-website-donation-page-cv-047.causevox.com/
WHITEFISH
https://northvalleyfoodbank-bloom.kindful.com/
