Asbestosis Cases

MONTANA SUPREME COURT CASES
Fellenberg v. Transportation Ins. Co., 2005 MT 90 Although a former employee of W. R. Grace had an injurious condition (asbestosis) that was one hundred percent attributable to his employment, undisputed facts demonstrated that his retirement was not related to his lung disease and he had no intention of returning to work after retirement. In this situation, the Workers’ Compensation Court correctly determined that claimant’s asbestosis did not result in a loss of actual earnings or earnings capability, meaning he was not entitled to permanent total disability benefits, permanent partial disability benefits, or impairment award.
Hardgrove v. Transportation Ins. Co., 2004 MT 340 (No. 03-678)
 
WORKERS' COMPENSATION COURT CASES
 

Mack v. Transportation Ins. Co. [05/22/07] 2007 MTWCC 16

 

Doubek v. CNA Ins. Co. [11/10/04] 2004 MTWCC 76

 

Paul v. Transportation Ins. Co. [10/07/04] 2004 MTWCC 69

 

Fellenberg v. Transportation Ins. Co. [3/19/04] 2004 MTWCC 29 Affirmed in Fellenberg v. Transportation Ins. Co., 2005 MT 90

 

Hardgrove v. Transportation Ins. Co. [08/13/03] 2003 MTWCC 57 Affirmed in Hardgrove v. Transportation Ins. Co., 2004 MT 340 (No. 03-678)