Montana Workers’ Compensation Court Decisions
No new enumerated decisions since last publication.
Montana Workers’ Compensation Stipulations Summary (through Nov. 20, 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 |
| Angela Doble v. ACE American Ins. Co. | Feb 9, 2024 | Right wrist, right hip, low back | Disputed liability – full & final | $45,000 | Aaron J. Brann (Travis & Brann) | Charlie K. Smith (Crowley Fleck) |
| Christopher Eby v. Frank Winston Crum Ins. Co. | Oct 23, 2024 | Spine, right hip, right shoulder, head | Full & final; accepted claim; partial dispute | $90,000 | Avery L. Field (Bliven Law Firm) | Adrianna Potts (Potts Law PLLC) |
| Cody K. Boe v. AIU Insurance Co. | Mar 26, 2025 | Bilateral inguinal hernias | Disputed liability – full & final | $10,000 | Matthew J. Murphy (Murphy Law Firm) | Adrianna Potts (Potts Law PLLC) |
| Stephen Hattendorf v. Starr Indemnity & Liability Co. | Feb 28, 2025 | Left hip | Initial disputed liability – full & final | $24,850 | Greg E. Overturf (Odegaard Law Group) | Charlie K. Smith (Crowley Fleck) |
| Toby Pesek v. ACE American Insurance Co. | July 18, 2023 | Head, right arm, left leg | Full & final, includes MSA | $69,365 (including $26,365 MSA) | Channing J. Hartelius (Hartelius Law Center) | Adrianna Potts (Potts Law PLLC) |
PLAN 3
| Case Name | DOI | Body Part(s) | Settlement Type | Settlement Amount | Petitioner Attorney | Respondent Attorney |
| Alan Jenne v. Montana State Fund | July 20, 2021 (multiple accepted dates) | Face, left knee, bilateral eyes, neck; glaucoma; cervical strain; ocular alignment/double vision | Full & final with structured settlement and CMS-approved MSA | $175,000 (structure + MSA allocations per agreement) | Paul Odegaard & Ben Snipes | Haocheng Wang (Montana State Fund) |
ESD Settlements Approved through 11-10-25
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Shelton, Nick | 5/29/2025 | Eye(s) | Disputed Initial Compensability | $0.00 | — |
Plan 2
No settlements approved.
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Derksen, Trevor | 2/1/2024 | Upper Back Area | Petition for Settlement – Medical Closed | $38,000.00 | — |
| Erickson, Brittin | 3/21/2025 | Lower Back Area | Disputed Initial Compensability | $3,100.00 | — |
| Failla, Kailee | 8/11/2025 | Pelvis | Disputed Initial Compensability | $2,500.00 | — |
| Foley, Matthew | 1/14/2025 | Elbow | Petition for Best Interest | $6,000.00 | — |
| Groder, Zoe | 9/12/2024 | Lower Back Area | Petition for Settlement – Medical Closed | $35,000.00 | Miller, Megan |
| Higareda, Pamela | 2/17/2021 | Upper Back Area | Petition for Best Interest | $234,000.00 | Wallace, Lucas |
| Hoerster, Joseph | 4/7/2024 | Knee | Petition for Settlement – Medical Closed | $36,000.00 | Kemmick, Hayley |
| Jackson, Alana | 6/25/2025 | Lower Back Area | Disputed Initial Compensability | $3,500.00 | — |
| Kildee, Jennifer | 6/1/2023 | Internal Organs | Petition for Best Interest | $1,900.00 | — |
| Marth, Vivian | 4/17/2024 | Facial Bones | Petition for Settlement – Medical Closed | $13,720.00 | Miller, Megan |
| Modesette, Jean | 9/27/2025 | Soft Tissue | Disputed Initial Compensability | $300.00 | — |
| Nyberg, Dean | 12/26/2022 | Skull | Petition for Settlement – Medical Reserved | $65,519.48 | Blackaby, Dean |
| Romnie, Shaelea | 5/24/2024 | Upper Back Area | Petition for Best Interest | $2,100.00 | — |
| Stamp, Candace | 3/27/2025 | Upper Back Area | Petition for Best Interest | $1,200.00 | — |
5 Key Insights for Montana Work Comp Professionals
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Plan 1 shows no recent settlement activity
Plan 1 has zero approved stipulations and only one ESD entry (Nick Shelton), which closed for $0.00 on a disputed initial compensability issue. This signals either (1) very low claim volume in Plan 1 carriers or (2) a pattern of denials that are not resolving via settlement.
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Plan 2 settlements continue to cluster around disputed liability
Every Plan 2 case listed involves either a disputed-liability settlement or a partial dispute, with amounts ranging from $10,000 to $90,000. This indicates that Plan 2 carriers often reserve settlement dollars for resolving areas of legal causation conflict rather than routine closures.
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Plan 3 shows the largest dollar values and the most medical-focused closures
Plan 3 settlements include the highest-value claim in the file — Higareda ($234,000) — and multiple medical-closed settlements, many between $30,000–$65,000. This reflects Plan 3’s historically higher medical exposure and a strategic reliance on medical-closure agreements when future care costs are substantial.
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Medical conditions involving the spine and upper back dominate ESD approvals
Across Plan 3 ESD approvals, a notable pattern emerges: upper back and lower back injuries appear repeatedly (Erickson, Groder, Jackson, Romnie, Stamp). This trend suggests continued adjudication pressure and compensability challenges in spine conditions—often the highest-cost category in Montana WC.
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Settlements frequently involve represented claimants, especially in higher-value cases
Nearly all full and final settlements list attorneys on both sides—particularly in Plan 2 and Plan 3 settlements such as:
- Jenne ($175,000)
- Higareda ($234,000)
- Nyberg ($65,519.48)
Representation correlates strongly with higher settlement values, reinforcing the significance of legal advocacy in complex or disputed claims.
