The Montana Weekly Work Comp Brief – November 28, 2025

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Montana Workers’ Compensation Court

No new enumerated decisions this period.

Montana Workers’ Compensation Stipulations Summary (through Nov. 27, 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

Traci Carnes v. AIU Insurance Co. 11/15/20 Right Foot Full and Final Settlement w/ MSA $95,000 w/

$19,850 MSA

Greg Overturf

Odegaard Law Group,  PC

Adrianna Potts

Potts Law PLLC

Jason Hill v. Zurich American Ins. Co. 8/17/24 Upper Back Full and Final Settlement $3,500 Alex Evans

Glacier Law Group

Kai Thorsgard

Adrianna Potts

Potts Law PLLC

Tachini Pete v. AIU Insurance Co. 12/20/22 Back Full and Final Settlement $130,000 Tommy Murphy

Murphy Law Firm

Adrianna Potts

Potts Law PLLC

Justin Sullivan v. Victory Ins. Co. 11/15/23 Shoulder Full and Final Settlement 10,000 Leslae Dalpiaz

Dalpiaz & Associates

Joe Maynard

Crowley Fleck PLLP

Jimmy Varos v. Starstone National Ins. Co. 10/22/24 Lungs Disputed Initial Compensability $27,500 Russ Plath

Plath Kemmick, LLC

Thomas Harrington

Laird Cowley, PLLC

PLAN 3
Case Name DOI Body Part(s) Settlement Type Settlement Amount Petitioner Attorney Respondent Attorney
Patricia Ruff v. Montana State Fund 11/24/23;

5/8/25

Right Elbow/Shoudler;

Left Hand

Full and Final Settlement 12,000 Russ Plath

Plath Kemmick, LLC

Mark Meyer,

Montana State Fund

Jerel Thompson v. Montana State Fund 10/22/24 Right Shoulder Full and Final Settlement 55,000 Tommy Murphy

Murphy Law Firm

Erik Coate,

Montana State Fund

ESD Settlements Approved through 11-17-25
Plan 1
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Muus, Jeremy S 7/1/2024 Knee Other – Single Issue Settlement $5,000.00 MACKAY, THOMAS
Schauers, Loren N 9/27/2019 Multiple body parts (including systems) Petition for Settlement – Medical Reserved $75,000.00 DUCKWORTH, KIEL
Bell, Carl 1/6/2024 Lower back area Petition for Best Interest $3,500.00  
Plan 2
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Litton, Isak 10/11/2025 Internal organs Disputed Initial Compensability $5,000.00 BLACKABY, DEAN
Silva, Rosa 8/25/2022 Lower back area Petition for Settlement – Medical Closed $75,000.00 TEMPEL-ST JOHN, STACY
Smith, Donna E 9/8/2023 Lower back area Petition for Best Interest $50,000.00 DALPIAZ, LESLAE
Peterson, Cole D 2/3/2022 Elbow Petition for Settlement – Medical Closed $49,518.00  
Queen, Lianne 7/9/2024 Chest Petition for Best Interest $7,000.00  
Plan 3
Claimant Name DOI Body Part Settlement Type Settlement Amount Attorney Name
Chaffin, Payden J 4/17/2024 Wrist Disputed Initial Compensability $7,520.00 DALPIAZ, MIRANDA
Chaffin, Payden J 5/30/2023 Elbow Petition for Best Interest $10,480.00 DALPIAZ, MIRANDA
Cooper, Ryan S 8/6/2025 Foot Disputed Initial Compensability $6,000.00 OVERTURF, LEA
Henry, James A 7/26/2024 Upper back area Petition for Best Interest $58,000.00 DALPIAZ, LESLAE
Soerenson, Cain 3/21/2023 Skull Petition for Settlement – Medical Closed $55,000.00 JONES, BRADLEY
Watson, Shane W 3/25/2021 Hand Disputed Permanent Total – Medical Reserved $175,000.00 HAYNES, MICHAEL
Case, Andrew 3/24/2025 Elbow Petition for Best Interest $4,100.00  
Cox, Liam C 12/27/2024 Chest Petition for Best Interest $1,000.00  
Gonzalez, Edgar 9/26/2025 Lower back area Disputed Initial Compensability $6,500.00  
Irgang, Angela J 7/14/2025 Internal organs Disputed Initial Compensability $3,150.00  
Montoya, Rogelio 10/25/2024 Finger(s) Petition for Best Interest $825.00  
Smith, Patricia J 1/1/2025 Internal organs Disputed Initial Compensability $1,900.00  
Storlie, Curt 5/5/2025 Lower back area Disputed Initial Compensability $450.00  
Weldon, Michael J 6/15/2023 Lower back area Petition for Best Interest $13,150.00  
5 Key Insights for Montana Work Comp Professionals
  1. Potts Law PLLC is dominating Plan 2 defense representation

In the Plan 2 stipulations, Adrianna Potts appears as defense counsel in 4 of 5 cases, signaling that Potts Law has become a central player in Plan 2 settlements and carrier representation. This suggests a consolidation of defense work among certain firms and may influence negotiation expectations.

  1. High-value full and final settlements are concentrated in back injuries

The largest settlements reported—$130,000 (Pete v. AIU) and $95,000 w/ $19,850 MSA (Carnes v. AIU)—both involve spine or lower-extremity injuries. This is consistent with historical Montana WC data showing back and multi-level spine injuries drive the highest indemnity exposure.

  1. Plan 1 continues to show very low stipulation activity

No Plan 1 stipulations approved with the WCC were reported, and only three ESD settlements are listed for Plan 1—an ongoing trend indicating Plan 1 employers infrequently pursue court-approved settlements and more often resolve disputes administratively.

  1. A noticeable rise in “disputed initial compensability” settlements

Across Plans 2 and 3, there are multiple low-to-mid-value settlements where compensability is contested—several in the $3,000–$7,500 range. This signals that insurers and claimants are increasingly using early, modest settlements to resolve threshold-liability disputes rather than proceeding to litigation, especially for internal organ, chest, and back injury claims.

  1. ESD settlements for Plan 3 show wide variability—from $450 to $175,000

The range of settlement values in Plan 3 is unusually broad, from $450 (Storlie) to $175,000 (Watson). This reflects:

  • Highly diverse injury profiles (skull, internal organs, elbow, lower back, hand).
  • Frequent use of “Petition for Best Interest” for modest medical or indemnity closure.
  • Large outlier values in PTD-related or medically complex cases.

 

This underscores Plan 3’s broader risk distribution, driven largely by Montana State Fund’s mixed claim portfolio.

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