Ford v. Sentry Casualty Company, 2012 MT 156 Although the Legislature incorporated a “more probable than not” standard into § 39-71-407, MCA, the courts cannot control how doctors phrase their opinions and testimony on those issues.  The probative force of a doctor’s opinion is not to be defeated by semantics if it is reasonably apparent that the doctor intends to signify a probability supported by some rational basis.

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Rutecki v. First Liberty Ins. Corp. [06/16/16] 2016 MTWCC 6 This Court gave less weight to a physician’s opinions regarding an injured worker’s permanent restrictions where it found the claimant had provided an inaccurate work history and the physician had no opportunity to review the claimant’s post-injury medical records.