UEF: Effects of Settlements and Releases

Hand v. UEF [2/13/04] 2003 MTWCC 9 Where a claimant gives a comprehensive release to the uninsured employer, the effect of the release is not limited by the requirement that settlement between the UEF and the petitioner be approved by the Department. Section 39-71-741, MCA (1991), simply has no application to the release.

Hand v. UEF [8/28/02] 2002 MTWCC 43 A claimant's comprehensive general release of his employer bars any claim he may have against the Uninsured Employers' Fund with respect to injuries and conditions existing prior to or at the time of the release.[Note: The Workers Compensation Court decision was reversed by the Supreme Court in Hand v. UEF, 2004 MT 336 (No. 03-346).]