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The following important cases are currently pending before the Montana Supreme Court:
Stavenjord v. State Compensation Insurance Fund.
Issue: Whether benefits for occupational
disease (OD) cases should be treated the same as
an injury.
Update: In April, 2003, the Court did rule
in favor of the claimant. Occupational disease cases
are now treated as an injury. The Court did not
address retroactivity of the decision and whether
it applies to closed/settled cases. These issues
are still pending
Schmill v. Liberty Northwest (companion case to Stavenjord).
Issue: Whether OD claims can be apportioned
between occupational and non-occupational factors.
Update: In April, 2003, the Court ruled in
favor of the claimant. In 2005, the Montana Legislature
made benefits for work-related injuries and occupational
diseases the same.
Hiett v. Montana School Group Insurance Authority.
Issue: Whether future medical benefits can
be limited after an injured worker has reached maximum
medical improvement.
Update: In August, 2003, the court held that
injured workers are entitled to medical benefits
after MMI which are necessary to sustain medical
stability.
Matthews v. Liberty Northwest and Wild v. State Compensation Ins. Fund
Issue: Whether an individual who has an independent
contractor exemption with the Department of Labor
and Industry can claim employee status if he is
not working as a true independent contractor.
Update: In May, 2003, the Court ruled that an independent contractor exemption is not absolute. The Court will look to a four part test to determine who is an employee vs. an independent contractor. This decision is a victory for injured workers.
Hardy v. Progressive Insurance Co.
Issue: Whether various auto insurance coverages
can be stacked if a separate premium was paid for
those coverages.
Update: In May, 2003, the Court ruled coverages can be stacked. This is a victory for people injured in automobile accidents.
We will attempt to keep these and other pending decisions updated for you. Please contact us for more information regarding these cases.
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