COMMON FUND LITIGATION: Paid in Full
MONTANA SUPREME COURT DECISIONS |
Flynn v. Montana State Fund, 2011 MT 300, 363 Mont. 55, 267 P.3d 23 Since the legislature purposely distinguished between claims resolved by settlement agreement and those that have been “paid in full,” it would be redundant to define “paid in full” as a settlement agreement. Statutes must be construed to give effect to all language contained therein. |
Flynn v. Montana State Fund, 2011 MT 300, 363 Mont. 55, 267 P.3d 23 It is the actual payment of benefits, as opposed to the potential payment of benefits, that renders a claim no longer “paid in full” and subject to retroactive application of Flynn I. |
MONTANA WORKERS' COMPENSATION COURT DECISIONS |
Flynn v. Montana State Fund [07/01/10] 2010 MTWCC 20 For purposes of determining the retroactive application of a workers’ compensation judicial decision, a claim that has been “paid in full” is one in which all benefits to which a claimant is entitled pursuant to the applicable statutes are paid prior to the issuance of a judicial decision. A claim is no longer “paid in full” if any benefits are paid after the issuance of a judicial decision. |