Benefits: Lump Sums: Standard on Appeal

Barnard v. Liberty Northwest Ins. Corp., 2008 MT 254, 345 Mont. 81, 189 P.3d 1196 In reviewing the WCC’s determination regarding whether a lump sum conversion is appropriate, the Montana Supreme Court accords wide latitude to the WCC and will not substitute its judgment for that of the WCC.

Martin v. The Hartford, 2004 MT 57 WCC decisions denying lump sum settlements or permanent total disability benefits will not be interfered with on appeal unless there is an abuse of discretion. The lower court’s findings are presumed to be correct and will be affirmed if supported by substantial evidence.