Settlements: Disputed Liability
MONTANA
SUPREME COURT DECISIONS |
MONTANA
WORKERS' COMPENSATION COURT DECISIONS |
McLaughlin v. Northwestern Corp. [03/14/11] 2011 MTWCC 9 Where a case is settled on a disputed liability basis and the injury’s existence is in contention, whether an injury occurred for purposes of the hiring preference statute, § 39-71-317, MCA, is a disputed fact, precluding dismissal or summary judgment. |
Johnson
v. Liberty Northwest [02/07/07] 2007 MTWCC 7 It is not
inconsistent for a petitioner to bring a claim in the alternative against
two employers, settle with one on a disputed liability basis, and then
proceed against the other. Having settled on a disputed liability basis,
the settlement is, by definition, uncertain or undetermined as it pertains
to the other employer. Therefore, judicial estoppel does not apply. |