Pending Common Fund/Class Action Cases

Hearings/Conferences/Misc.

Blank Affidavit Form for Insurers/Self-Insureds - Memo Re Affidavit (12/06/05)

Recent Filings of Interest

Stavenjord v. Montana State Fund - Supreme Court Decision: 2006 MTWCC 257 - 10/06/06; Order [Denying Petition for Rehearing] - 11/09/06

Hiett v. Montana Schools Group Insurance Authority - 2006 MTWCC 33 - Order Determining Threshold Issues in Scope of Decision - 10/11/06

Schmill v. Liberty Northwest and Montana State Fund - Order Authorizing Withholding - 10/02/06

Schmill v. Liberty Northwest and Montana State Fund - Order Delineating Issues to be Briefed - 11/08/06

Flynn/Miller v. Montana State Fund and Liberty - 2006 MTWCC 31 - Order Determining Status of Final, Settled, Closed, and Inactive Claims - 09/29/06

Open Cases

Flynn v. Montana State Fund

On Appeal at the Supreme Court

 

 

Prior decision held that social security offset must be reduced by one-half of attorney fees expended in obtaining SS benefits. On remand petitioner seeks global common fund certification.

 

Miller v. Montana State Fund

 

Consolidated into Flynn matter.

 

Rausch/Ruhd v. State Fund & Liberty Northwest

Prior decision held that a global common fund was created with respect to impairment awards for PTD claimants. Enforcement proceedings underway.

Rausch, Fisch, Frost v. Montana State Fund

 

Consolidated into Rausch/Ruhd matter.

 

Reesor v. Montana State Fund

 

Limitation on permanent partial disability benefits due to reaching social security retirement age declared unconstitutional by the Montana Supreme Court. On remand, Petitioner is seeking common fund certification.

 

Ruhd v. Liberty Northwest

 

Global common fund created; consolidated into Rausch/Ruhd matter.

 

Satterlee v. Lumberman's Mutual Casualty

On Appeal at the Supreme Court

Appeal Dismissed by Supreme Court re Rule 54(b) Certification

 

 

Constitutional challenge to retirement provisions of § 39-71-710, MCA. Class certification has been requested.

 

Schmill v. Liberty Northwest Ins.

 

 

The Supreme Court's June 7, 2005, decision states that Schmill I is retroactive to all cases not yet final or settled at the time of its issuance. Common fund attorney fees are proper and the common fund created in Schmill I results in a global lien.

 

Stavenjord v. Montana State Fund

 

 

 

Previous decisions held that claimants suffering occupational diseases after June 30, 1987, may seek permanent partial disability benefits under Workers’ Compensation Act. WCC granted limited common fund certification on remand. Common Fund certification denied by Supreme Court. Remanded to WCC for further proceedings.

 

Closed Cases

Asarco v. Foster

Matter Closed.

Buckley v. Montana State Fund

 

Matter closed.

 

Cheetham v. Liberty Mutual

 

Matter closed.

 

Hiett v. Missoula County Public Schools

Matter closed.

Mathews v. Liberty Northwest Ins. Corp.

Matter settled while on appeal to Supreme Court.

Murer v. Montana State Fund Matter closed.

Sandru v. Rochdale Ins. Co.

 

Matter closed.

 

Wild v. Montana State Fund Matter closed.