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
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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
Matter Closed. |
|
| Buckley v. Montana State Fund |
Matter closed.
|
|
|
Matter closed.
|
| Hiett v. Missoula County Public Schools | Matter closed. |
Matter settled while on appeal to Supreme Court. |
|
| Murer v. Montana State Fund | Matter closed. |
|
|
Matter closed.
|
| Wild v. Montana State Fund | Matter closed. |