Appeals: Stay of Execution of Judgment

Hopkins v. Uninsured Employers' Fund [11/05/10] 2010 MTWCC 29 Where a third-party respondent moved the Court for an order staying judgment and waiving the posting of a supersedeas bond, his offer to provide his Beacon Score or credit report, combined with representations that he was able to satisfy the judgment of the Court, were insufficient to prove his ability to pay the bond.  The Court was not satisfied that adequate security existed for payment of the judgment and denied the request to waive the supersedeas bond.

Sturchio v. Liberty [03/15/07] 2007 MTWCC 12 Where Respondent did not post a supersedeas bond nor show to the satisfaction of the Court that adequate security exists for payment of the judgment, and where Petitioner did not waive the requirement of the bond, this Court denies Respondent’s motion for stay of execution of judgment.

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 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.

Harrison v. Liberty and Stillwater [06/230/06] 2006 MTWCC 24 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.

ERD/UEF v. Total Mechanical [1/23/01] 2001 MTWCC 3 Stay of judgement may be granted only if a supersedeas bond is posted or the appealing party provides satisfactory evidence there is adequate security to pay the judgment.

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.

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.

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.