Common Fund Litigation: Settled Claims

COMMON FUND LITIGATION: SETTLED CLAIMS

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims in which TTD and/or PTD benefits were paid at an apportioned rate and the claim was settled by way of a petition for settlement approved by the Department of Labor & Industry or a stipulated judgment are “settled” and are not part of the common fund implementation of Schmill.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes The Stavenjord II decision, issued after this Court’s Flynn Order, indicates that “paid in full” claims should not be deemed “settled.” Merely because a claim could be considered “paid in full” by the insurer at some point does not mean that additional benefits may not be demanded, and due, at a later date.