<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> Wayne V. Kelly

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IN THE WORKERS' COMPENSATION COURT OF THE STATE OF MONTANA

1999 MTWCC 60A

WCC No. 9810-8078


WAYNE V. KELLY
Petitioner

vs.

STATE COMPENSATION INSURANCE FUND

Respondent/Insurer for

BELT PUBLIC SCHOOLS

Employer.


FINAL JUDGMENT

Topic:

Settlements: Stipulated Judgment. Where parties entered into a Stipulation for Entry of Final Judgment setting forth reasonable resolution of case, WCC entered Final Judgment in accordance with stipulation, allowing resolution of the case without the filing of a petition through the DOL.

1 The parties have entered into a Stipulation for Entry of Final Judgment in this matter. The Stipulation was filed with this Court on April 20, 2000.

2 Accordingly, judgment is hereby entered in accordance with the Stipulation, a copy of which is attached.

3 IT IS HEREBY ORDERED that this Final Judgment and the Order Granting Partial Summary Judgment, filed September 9, 1999, are certified as final for purposes of appeal.

DATED in Helena, Montana, this 26th day of April, 2000.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Ms. Antonia P. Marra
Mr. William O. Bronson
Attachment: Copy of Stipulation for Entry of Final Judgment


Ms. Antonia P. Marra
BELL & MARRA, PLLC
Suite 303, Liberty Center
#9 Third Street North
Great Falls, MT 59401
Telephone: (406) 727-5101

Afforneys for Petifioner

William O. Bronson OFFICE OF
JAMES, GRAY, BRONSON & SWANBERG, P.C.
Wendt Building
615 2nd Avenue North
P O. Box 2885
Great Falls, MT 59403-2885
Telephone: (406) 454-5709

Afforneys forRespondent/lnsurer

IN THE WORKERS' COMPENSATION COURT OF THE STATE OF MONTANA


WAYNE V. KELLY

WCC No. 9810-8078

Petitioner

vs.

STATE COMPENSATION INSURANCE FUND,

Respondent/Insurer for

BELT PUBLIC SCHOOLS,

Employer.


STIPULATION FOR ENTRY OF FINAL JUDGMENT

Petitioner and Respondent/lnsurer, by and through their respective counsel of record, stipulate and agree that final judgment on the issues pending before this Court in Cause No. WCC 9810-8078 may be entered as follows:

(1) Petitioner and Respondent/lnsurer have stipulated and agreed thatPetitioner's claim for alleged underpayment of permanent partial disability (PPD)benefits in connection with his 1987 injury, may be compromised and dismissed inexchange for Respondent/Insurer paying Petitioner the sum of NINE-HUNDREDDOLLARS ($900.00) new money. The parties further stipulate and agree that paymentof this sum will extinguish all liability Respondent/lnsurer has for PPD benefits inconnection with the 1987 injury.

(2) Respondent/lnsurer agrees to pay the outstanding bill for Dr. Stone.

(3) Respondent/lnsurer has agreed to pay medical expenses reasonablyrelated to Petitioner's 1986 and 1987 injuries, including those treatments which havebeen provided for or administered by the Department of Veterans Affairs (VA).

Respondent/lnsurer understands that VA may have inquired of Petitioner as to certainbills it felt were the responsibility of the Respondent/lnsurer. Petitioner has agreed toprovide Respondent/lnsurer with any statements received by him from the VA inconnection with care and treatment. Respondent/lnsurer has agreed that it willnegotiate or deal directly with the VA as to how and when payment should occur.

The parties further stipulate and agree that there is no situation or circumstancein which Petitioner would be reimbursed directly, as these expenses and anyreimbursement for them will be dealt with directly between the Respondent/lnsurer and the VA.

(4) Petitioner reserves all rights to appeal the grant of partial summary judgment to Respondent/lnsurer by order of this Court dated September 9, 1999.

(5) Any other issues raised by the Petition are considered compromised and should be dismissed as part of the agreements set forth above.

(6) The parties further stipulate and agree that the Court may enter final judgment in
accordance with this Stipulation.

DATED: April 17, 2000

\s\ Antonia P. Marra
For the Petitioner

DATED: January 28, 2000

\s\ William O. Bronson
For the Respondent/lnsurer

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