Common Fund Litigation: Retroactivity

COMMON FUND LITIGATION: RETROACTIVITY

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims in which TTD benefits are being paid and were either apportioned in the past or are still being apportioned are subject to Schmill retroactivity.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims in which the claimant was found to be PTD and had benefits paid at an apportioned rate which continue to be paid at either an apportioned or full rate are subject to Schmill retroactivity.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims in which TTD benefits were paid at an apportioned rate, the claimant returned to work with no wage loss, and no additional benefits other than medical benefits were paid must be identified and paid under the retroactivity ruling in Schmill II as part of the common fund.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims in which PTD benefits were paid but whose payments were stopped automatically because the claimant reached retirement age must be identified and paid under the retroactivity ruling in Schmill II as part of the common fund.