39-71-2910, MCA
Burglund v. Liberty Mut. NW Ins. Co. [06/05/95] 1995 MTWCC 25A Where parties both appealed judgment awarding claimant twenty percent permanent partial disability benefits, Respondent requests stay of execution pending appeal. Claimant opposes the stay but agrees to waive any requirement that Respondent post bond. Stay granted. |
Harrison
v. Liberty and Stillwater [06/230/06] 2006 MTWCC 24
The decision to grant a stay of execution rests within the Court's discretion.
Where a respondent requests a stay of execution, the Court must balance
the interests of the respective parties. Where Petitioner succeeded
at the trial court level and the Court found Stillwater Mining Co. responsible
for Petitioner's benefits, the Court will not stay the execution of
judgment when the perverse result might be termination of Petitioner's
benefits he is entitled to receive from either Stillwater or Liberty
Northwest Ins. Co. Should the Court's decision be overturned by the
Montana Supreme Court, Stillwater should have no difficulty obtaining
restitution from Liberty. |
[1999] ERD/UEF v. Total Mechanical [1/23/01] 2001 MTWCC 3 Supersedeas bond may be waived only where the opposing party consents or the appealing party provides satisfactory evidence that adequate security exists to pay the judgment. |
[1993]
Ingebretson
v. Louisiana-Pacific Corp. [01/12/95] 1994 MTWCC 113-A
Although the Workers’ Compensation Court was sympathetic to claimant’s
dire financial situation, and his desire for commencement of payment
of benefits awarded in that Court’s decision, respondent self-insured
employer has the right to appeal and statutory provisions authorize
a stay of execution of judgment pending appeal. Where appellant has
demonstrated through affidavit that it has sufficient finances to pay
the judgment, and has offered to make a cash deposit in lieu of supersedeas
bond, and claimant may have difficulty re-paying benefits should the
Supreme Court overturn this Court’s decision, the application
for stay is granted on condition appellant post $20,000 cash deposit. |
[1993] Ingebretson v. Louisiana-Pacific Corp. [01/12/95] 1994 MTWCC 113-A Initial application for stay of execution of judgment rejected where self-insured employer-respondent, who planned to appeal decision awarding claimant benefits, failed to submit affidavits or other documentation of employer’s financial condition along with application. |