Montana Workers’ Compensation Court Decisions
Case Number: WCC No. 2025-00947 (2025 MTWCC 5)
Decision Date: October 20, 2025
Parties: Shana Bushilla (Petitioner) v. Republic Inc. Co. (Respondent/Insurer)
Attorneys Involved:
- For Petitioner: John Doubek
- Courtesy Copy: Debra Daniels, Senior Claims Examiner, Intermountain Claims (not a licensed attorney)
Title of Decision or Order: Order Changing Caption and Order Rejecting Filing
Factual Summary and Decision:
The parties filed a Joint Stipulation for Dismissal with Prejudice seeking court approval. The Workers’ Compensation Court, presided over by Judge Lee Bruner, rejected the filing and amended the case caption to remove Intermountain Claims as a party. The Court emphasized that third-party administrators (TPAs) are not proper parties before the Workers’ Compensation Court unless there is a compelling reason for their inclusion.
The rejection was primarily due to the fact that Debra Daniels, identified as “Attorney for Respondents,” is not an attorney licensed to practice in Montana. Ms. Daniels is a Senior Claims Examiner for Intermountain Claims and is not listed with the Montana State Bar or the Clerk of the Montana Supreme Court. The Court reaffirmed the rule that insurance companies, TPAs, corporations, and similar entities must be represented by licensed counsel and cannot appear through non-attorney representatives.
Judge Bruner ordered both Republic Inc. Co. and counsel for Shana Bushilla to file statements explaining why a non-attorney signed court documents purporting to act as legal counsel. The Court noted that sanctions may be considered following review of those statements. The filing was rejected without prejudice, removed from the docket, and returned to the Petitioner.
Key Takeaway:
The Montana Workers’ Compensation Court reaffirmed that corporate entities, insurers, and TPAs must appear through licensed Montana attorneys. Non-attorney representatives, even experienced claims examiners, cannot sign or submit filings on behalf of a party. Any such filings are subject to rejection, and parties risk sanctions for unauthorized practice of law.
Montana Workers’ Compensation Settlements Summary
This table summarizes the Montana Workers’ Compensation Court settlements from October 9 to October 23, 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 |
| 1 | Shawnee Ridl v. Benefis Health System, Inc. | 6/25/15 | Back | Full and Final Settlement | $10,000.00 | Megan L. Miller, FairClaim | Geoffrey R. Keller, Matovich Keller & Huso |
| 2 | Brenda White v. Crum & Forster Insurance Co. | 3/20/19 | Left hip, lumbar spine | Full and Final Settlement (includes MSA $40,338) | $65,000.00 | Wayne Olson, Glacier Law Firm | Adrianna Potts, Potts Law PLLC |
| 2 | Chris Simeone v. Employers Ins. Co. of Wausau | 2/23/24 | Neck | Full and Final Settlement | $46,500.00 | Thomas C. Bulman, Bulman Jones & Cook PLLC | Adrianna Potts, Potts Law PLLC |
| 2 | Eugene Rose v. Liberty Mutual Fire Ins. Co. | 9/24/20 | Back, Head | Full and Final Settlement (with MSA) | $209,040.70 | Matt Tourtlotte, Miller Tourtlotte Law PLLC | Adrianna Potts, Potts Law PLLC |
| 2 | Kari A. Michel v. Travelers Property Casualty Co. of America | 10/25/23 | Right Shoulder | Disputed Liability Settlement | $67,500.00 | Leonora Overturf,
Odegaard Injury Lawyers |
Charlie K. Smith, Crowley Fleck PLLP |
| 2 | Robert Walsh v. Montana Health Network, Inc. | 1/29/24 12/15/24 | Knee, Left Shoulder | Disputed Liability Settlement | $10,000.00 | Leslae Dalpiaz, Dalpiaz & Associates | Joe C. Maynard, Crowley Fleck PLLP |
| 2 | Troy Raymur v. Victory Insurance Co. | 4/15/24 | Shoulder | Disputed Liability Settlement | $15,000.00 | Wayne Olson, Glacier Law Firm | Joe C. Maynard, Crowley Fleck PLLP |
| 2 | Vivian Ruiz v. Target Corporation | 8/28/24 | Lower Back | Disputed Liability Settlement | $7,500.00 | Greg Overturf,
Odegaard Injury Lawyers |
Charlie K. Smith, Crowley Fleck PLLP |
ESD Approved Settlements from 10/20/25 through 10/24/25
Plan 1
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Russell, Heather | 02/27/2023 | Multiple Trunk | Petition for Best Interest | $90,000.00 | Miller, Andrew |
| Trollope, Genevieve | 12/04/2017 | Multiple Body Parts (including body systems and body parts) | Petition for Best Interest | $50,000.00 | Miller, Andrew |
Plan 2
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Hegel, Michael | 10/07/2022 | Hand | Petition for Best Interest | $17,750.00 | Olson, Wayne |
| Rodriguez, Quinton | 10/01/2024 | Knee | Petition for Best Interest | $2,500.00 | Murphy, Matthew |
Plan 3
With Attorneys
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Cameron, John | 06/11/2025 | Internal Organs | Disputed Initial Compensability | $5,000.00 | Brann, Aaron |
| Kushin, Michael | 05/23/2024 | Lower Back Area | Petition for Best Interest | $17,500.00 | Evans, Alex |
| Stewart, Aiden | 10/05/2024 | Lower Back Area | Petition for Settlement – Medical Closed | $180,000.00 | Tempel-St John, Stacy |
| Willis, Jaramy | 12/03/2023 | Foot | Petition for Best Interest | $11,000.00 | Helmer, Chris |
Without Attorneys
| Claimant Name | DOI | Body Part | Settlement Type | Settlement Amount | Attorney Name |
| Bradley, Sarah | 10/22/2022 | Lower Back Area | Petition for Best Interest | $62,090.00 | |
| Bruhns, Michael | 07/18/2025 | Chest | Disputed Initial Compensability | $5,000.00 | |
| Edwards, Nathan | 03/09/2025 | Wrist | Petition for Best Interest | $800.00 | |
| Hinschberger, Daniel | 08/11/2025 | Multiple Upper Extremities | Disputed Initial Compensability | $2,000.00 | |
| Jacobson, Mason | 09/05/2023 | Upper Back Area | Petition for Best Interest | $61,000.00 | |
| Morris, Chelsey | 07/11/2024 | Upper Back Area | Petition for Best Interest | $1,000.00 |
Settlement Insights (October 9–24, 2025):
-
Settlement Values Vary Sharply by Plan Type
- Plan 1 settlements (e.g., Heather Russell – $90,000; Genevieve Trollope – $50,000) tend to be higher and more consistent, often associated with complex or multiple-body-part injuries and attorney representation.
- Plan 2 settlements range from $7,500 to $209,040, with several exceeding $60,000—indicating that Plan 2 carriers are negotiating substantial full and final settlements, especially when Medicare Set-Asides (MSAs) are included.
- Plan 3 settlements show the widest distribution—from as low as $800 to $180,000, reflecting the inclusion of both low-value “Best Interest” pro se resolutions and higher-value attorney-negotiated settlements.
- Attorney Representation Strongly Correlates with Higher Settlements
- Cases with attorneys consistently settle for five to ten times more than pro se cases.
- Example: Aiden Stewart ($180,000) and Kari Michel ($67,500) both represented by counsel.
- By contrast, pro se claimants like Nathan Edwards ($800) and Daniel Hinschberger ($2,000) settled for nominal sums.
- This disparity suggests that legal representation remains a major driver of settlement value in the Montana system, especially in Plan 3 and ESD-approved “Best Interest” settlements.
- The Middle Tier of Settlements ($40,000–$70,000) Dominates the Dataset
- Roughly 40% of all settlements fall within the $40,000–$70,000 range.
- These moderate-value settlements frequently involve back, shoulder, or multi-body injuries, often under Plan 2, and typically resolve as full and final settlements rather than “Best Interest” petitions.
- This middle tier appears to represent the current average resolution band for non-catastrophic, represented claims in the Montana system.
