Claims: Final

MONTANA SUPREME COURT DECISIONS

Flynn v. Montana State Fund, 2011 MT 300, 363 Mont. 55, 267 P.3d 23 In the workers’ compensation context, if compensation payments are adjusted upon aggravation of the original injury, the claim is not “final.”  Simply put, a claim is not final if a benefit is later paid.

 
MONTANA WORKERS' COMPENSATION COURT DECISIONS
Flynn v. Montana State Fund [09/29/06] 2006 MTWCC 31 In accordance with the Montana Supreme Court’s holding in Dempsey v. Allstate Ins. Co., 2004 MT 391, 325 Mont. 207, 104 P.3d 483, this Court concludes that a final claim is a claim in which a final judgment has been entered by this Court, provided the claim is not currently pending on appeal.