Montana Workers’ Compensation Court Decisions
Case Summary: Simone v. Old Republic Insurance Co.
Citation: 2025 MTWCC 6
Case No.: WCC No. 2025-00776
Date of Decision: November 4, 2025
Court: Montana Workers’ Compensation Court
Judge: Lee Bruner
Parties:
Petitioner: Scott C. Simone
Respondent/Insurer: Old Republic Insurance Company
Attorneys:
For Petitioner: Eric Rasmusson
For Respondent/Insurer: Steven W. Jennings
Factual Summary:
Scott C. Simone filed a constitutional challenge to § 39-71-107(7)(b), MCA (2021). The Workers’ Compensation Court addressed the procedural question of how constitutional challenges should be handled in the absence of a specific local rule. Judge Bruner noted that although the Court had previously referenced Montana Rule of Civil Procedure (M.R.Civ.P.) 5.1(b), it had not formally adopted the notification requirement.
The Court held that, pursuant to ARM 24.5.352(1), it would now follow M.R.Civ.P. 5.1(a)–(c), requiring any party raising a constitutional challenge to notify and serve the Montana Attorney General. The Court ordered Mr. Simone to file a “Notice of Constitutional Question” within five days and serve it on the Attorney General. Failure to comply would result in summary dismissal of the constitutional challenge.
Key Takeaway:
The Montana Workers’ Compensation Court formally adopts the procedural requirements of M.R.Civ.P. 5.1(a)–(c) for constitutional challenges, mandating notice to the Attorney General before such challenges may proceed
Montana Workers’ Compensation Court Settlements Summary
This table summarizes the Montana Workers’ Compensation Court settlements from October 24 to October 31, 2025. Settlements are organized by plan type, alphabetically by case name. Each entry includes the case name, DOI, body part, settlement type, settlement amount, and attorney information for each party.
| Plan | Case Name | DOI | Body Part | Type | Settlement Amount | Claimant’s Attorney | Respondent’s Attorney |
| 2 | Curt Jessop v. New Hampshire Ins. Co. | 11/01/96 | Head/Face | Full and Final Compromise Settlement | $24,900.00 | Jason Williams (DML Law) | Geoff Keller (Matovich, Keller & Huso) |
| 2 | Cynthia Barrows v. AIU Insurance Co. | 08/17/22 | Left Foot | Full and Final Settlement (includes MSA) | $120,000.00 | Greg Overturf (Odegaard Law Group) | Adrianna Potts (Potts Law PLLC) |
| 2 | David McElroy v. Pennsylvania Manufacturers Assoc. | 02/17/24 | Bilateral Arms, Wrists, Hands | Disputed Liability Settlement | $83,000.00 | Dean Blackaby (Montana Work Comp Solutions) | Joe C. Maynard (Crowley Fleck PLLP) |
| 2 | Derek Steele v. Liberty Insurance Corp. | 02/14/24 | Face, Hands, Right Leg/Ankle | Lump Sum Settlement (Disputed Liability) | $380,770.00 | Bradley Jones (Doubek, Pyfer & Storrar) | Adrianna Potts (Potts Law PLLC) |
| 2 | Joni Mandel v. Berkshire Hathaway Homestate Ins. Co. | 01/17/25 | Lower Back | Disputed Liability Lump Sum Settlement | $35,000.00 | Thomas Murphy (Murphy Law Firm) | Charlie K. Smith (Crowley Fleck PLLP) |
| 3 | Mark Cahoon v. Montana State Fund | 12/09/22 | Cervical Spine, Head, Bilateral Elbows, Left Hip, Bilateral Shoulders | Disputed Liability Settlement | $75,000.00 | Kraig Moore (Law Office of Kraig Moore) | Haocheng Wang (Montana State Fund)
Mediator: Dean Blackaby |
| 3 | Nathaniel Scofield v. Montana State Fund | 12/13/23 | Left Shoulder | Partial Settlement (Indemnity Only; Medical Reserved) | $750,000.00 | Avery Field & Michael Bliven (Bliven Law Firm) | Mark D. Meyer (Montana State Fund) |
| 3 | Paul Simmons v. Montana State Fund | 11/11/24 | Cervical Spine, Thoracic Spine, Bilateral Shoulders | Disputed Liability Settlement | $50,000.00 | Dean Blackaby (Montana Work Comp Solutions) | Haocheng Wang (Montana State Fund) |
| 3 | Ryan B. Patrick v. Montana State Fund | 06/17/24 | Shoulders, Hips, Low Back, Right Chest, Neck | Full and Final Compromise Settlement | $100,000.00 | Leanora O. Overturf (Odegaard Law Group) | Erik Coate (Montana State Fund) |
| 3 | Teddy Cox v. Montana State Fund | 03/10/23 | Head/Skull | Full and Final Compromise Settlement (includes MSA) | $115,000.00 | Ben Everett (Everett Cook Law) | Mark D. Meyer (Montana State Fund) |
| 3 | Tristen J. Kitts v. Montana State Fund | 11/14/23 | Left Shoulder; multiple disputed parts (hands, legs, etc.) | Full and Final Compromise Settlement | $20,000.00 | Stacy Tempel-StJohn (Linnell, Newhall, Martin & Schulke, P.C.) | Mark D. Meyer (Montana State Fund) |
ESD Approved Settlements from 10/27/25 through 10/31/25
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| CONWAY, Kevin | 11/6/2021 | Hand | Petition for Settlement – Medical Closed | $8,000.00 | Blackaby, Dean |
| RENTFRO, James | 2/21/2023 | Multiple Body Parts (including systems and parts) | Petition for Best Interest | $37,500.00 | Miller, Megan |
| MCWILLIAMS, Brandon | 10/26/2023 | Ear(s) | Petition for Settlement – Medical Closed | $72,000.00 | — |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| EASTERLY, Eric | 1/17/2025 | Lower Back Area | Disputed Initial Compensability | $10,000.00 | Lighthall, David |
| GRIFFETH, Glenda | 1/4/2024 | Shoulder(s) | Petition for Best Interest | $45,000.00 | Kemmick, Hayley |
| NICHOLS, Nina | 5/11/2023 | Lower Back Area | Petition for Best Interest | $65,000.00 | Murphy, Matthew |
| JOHNSON, Ellery | 4/28/2025 | Multiple Body Parts (including systems and parts) | Disputed Initial Compensability | $2,500.00 | — |
| OAKLEY, Robert | 7/23/2025 | No Physical Injury | Disputed Initial Compensability | $8,000.00 | — |
Plan 3
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| FISHER, Rhonda | 9/23/2019 | Skull | Petition for Settlement – Medical Closed | $150,000.00 | McKenna, Sydney |
| LANDERS, Amelia | 4/1/2022 | Upper Back Area | Petition for Best Interest | $12,000.00 | Wallace, Lucas |
| MALDONADO, Jose | 3/11/2024 | Wrist | Petition for Best Interest | $65,000.00 | Adam, Paul |
| RAUSCHER, Sierra | 10/14/2023 | Skull | Petition for Best Interest | $6,200.00 | Olson, Wayne |
| WHITMORE, Randolph | 12/30/2024 | Skull | Petition for Best Interest | $2,000.00 | Miller, Megan |
| WISE, Aaron | 11/1/2024 | Upper Back Area | Petition for Settlement – Medical Closed | $80,000.00 | Olson, Wayne |
| ANDERSON, Adam | 12/3/2024 | Lower Back Area | Petition for Best Interest | $2,550.00 | — |
| BENING, Bailey | 9/9/2025 | Skull | Disputed Initial Compensability | $3,000.00 | — |
| HERZOG, Tiffany | 4/1/2024 | Multiple Upper Extremities | Petition for Best Interest | $2,500.00 | — |
| HOLTZHAUSEN, Christiaan | 6/5/2025 | Lower Back Area | Petition for Best Interest | $25,150.00 | — |
| MANN, Gary | 7/15/2025 | Lower Back Area | Disputed Initial Compensability | $17,500.00 | — |
| NELSON, Tara | 9/28/2023 | Soft Tissue | Petition for Best Interest | $3,500.00 | — |
| NEWSOM, Jesse | 9/13/2023 | Hand | Petition for Best Interest | $3,322.15 | — |
| OWENS, Amy | 6/8/2025 | Knee | Disputed Initial Compensability | $3,300.00 | — |
| SCHMEUSSER, Trevor | 5/14/2025 | Ankle | Petition for Best Interest | $450.00 | — |
| SHIRLEY, Kimberly | 8/17/2024 | Lower Back Area | Petition for Best Interest | $600.00 | — |
| WOHLERS, Casandra | 9/5/2025 | Facial Bones | Disputed Initial Compensability | $441.60 | — |
5 Key Insights for Montana Work Comp Professionals
- Montana State Fund Dominance
- Plan 3 (Montana State Fund) accounted for over 50% of all settlements filed.
- Reflects continued prevalence of State Fund-insured employers in litigated or disputed claims.
- Disputed Liability Drives Higher Payouts
- Two of the largest settlements were disputed liability cases:
- Derek Steele v. Liberty Insurance Corp. – $380,770
- Nathaniel Scofield v. Montana State Fund – $750,000 (partial settlement; medical reserved)
- Average settlement for disputed cases: $150,000+
- Average for non-disputed settlements: under $75,000
- Small Circle of Claimant Attorneys
- Frequent firms: Odegaard Law Group, Montana Work Comp Solutions, Bliven Law Firm, Murphy Law Firm.
- Concentration of representation suggests most high-value settlements are handled by specialized workers’ compensation practitioners.
- Best Interest Petitions Lead ESD Approvals
- Over 60% of ESD-approved settlements under Plans 2 & 3 were Petition for Best Interest filings.
- Typical payout range: $2,000–$65,000.
- Indicates active administrative resolution of low- to moderate-value claims.
- Value Correlates with Injury Complexity
- High-value cases: spine, multiple body parts, head/neck injuries.
- Low-value cases: single extremity or soft tissue claims.
- Plan 1 averages below $75,000; Plan 3 averages over $100,000.
