28-2-1711, MCA
MONTANA
SUPREME COURT DECISIONS |
WORKERS'
COMPENSATION COURT DECISIONS |
Bond v. Associated Loggers Exchange [06/06/13] 2013 MTWCC 13 An urgent need to pay debts does not constitute “duress” under § 28-2-1711, MCA, and therefore is not grounds to rescind a settlement agreement. |
Vandervalk v. Montana State Fund [11/05/09] 2009 MTWCC 35 An urgent need to pay debts does not constitute “duress.” While Petitioner may have been suffering from financial hardship at the time he settled his claim, he suffered no duress as defined under § 28-2-1711, MCA, and therefore he is not entitled to reopen his settlement. |
| [1999] Frazer v. Montana State Fund [07/20/05] 2005 MTWCC 41 Since settlement agreements in workers’ compensation cases are contracts, Kienas v. Peterson, 191 Mont. 325, 328, 624 P.2d 1, 2 (1980), they may be rescinded (reopened or set aside) for duress or undue influence as provided in section 28-2-1711, MCA (1999). |