Defenses: Double Recovery

Edmunds v. Liberty Northwest Ins. [2/19/04] 2004 MTWCC 11 Where claimant has obtained benefits from the Uninsured Employers’ Fund (UEF) on account of his industrial accident, and concedes that the UEF is entitled to a “set-off” for any benefits due him from an insurer, his claim is not barred by the double recovery doctrine announced in Olson v. Daughenbaugh, 2001 MT 284, 307 Mont. 371, 38 P.2d 154.