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. |