Claims: Settled

MONTANA SUPREME COURT DECISIONS

Flynn v. Montana State Fund, 2008 MT 394, 347 Mont. 146, 197 P.3d 1007 To define a “settled claim,” the WCC reasonably relied upon the definition found in § 39-71-107(7)(a), MCA (2005). Using the definition provided by the legislature furthers the expression of legislative will absent a contrary indication and further provides consistency between the retroactivity of judicial decisions established by case law and the WCA.

Flynn v. Montana State Fund, 2008 MT 394, 347 Mont. 146, 197 P.3d 1007 A “settled claim” is “a department-approved or court-ordered compromise of benefits between a claimant and an insurer or a claim that was paid in full.” Section 39-71-107(7)(a), MCA (2005).

 
 
MONTANA WORKERS' COMPENSATION DECISIONS
Flynn v. Montana State Fund [09/29/06] 2006 MTWCC 31 Section 39-71-107(7), MCA, sets forth a clear definition of what constitutes a “settled claim,” and it is not this Court’s function to rewrite what the legislature has already defined.