Common Fund Litigation: Final Judgment

COMMON FUND LITIGATION: FINAL JUDGMENT

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims which do not involve judgment cannot be considered “final.” Furthermore, the mere existence of a final judgment cannot automatically remove a case from retroactive application. A judgment may have been rendered on a particular issue not involving apportionment, and therefore that judgment would not likely prevent payment of Schmill benefits.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Cases in which a final judgment was entered by the WCC, and that judgment is not pending on appeal to the Montana Supreme Court, are excluded from retroactive application of Schmill if the circumstances of the particular judgment indicate that the underlying occupational disease claim is no longer actionable.