Flynn et al v. MT State Fund et al
Annotate this Case
Download PDF
November 29 2011 SYNOPSIS OF THE CASE 2011 MT 300; DA 10-0368: ROBERT FLYNN and CARL MILLER, Individually and on Behalf of Others, Similarly Situated, Petitioners and Appellants, v. MONTANA STATE FUND, Appellee and Cross-Appellant, and LIBERTY NORTHWEST INSURANCE CORPORATION, Respondent/Insurer and Appellee. 1 In previous cases, the Montana Supreme Court has determined that its decisions in workers compensation cases apply retroactively to claims that are not final or settled at the time the decision is issued. Montana s workers compensation statutes provide for the definition of settled. Under this law, two types of claims fall under the definition of settled. First, claims where there has been a formal settlement agreement. Second, claims that are paid in full. In this case, the Court decided whether the Workers Compensation Court (WCC) correctly interpreted the term paid in full. The WCC defined paid in full to mean that an injured worker received all the benefits on his or her claim prior to the new court decision. A claim is not paid in full if the injured worker, who filed a claim before the Court s decision, receives a compensation payment after the new decision. The Court agreed with the WCC s definition of paid in full. The Court reiterated the importance of applying the law in newly issued court opinions only to those cases which are not final or settled. Cases that are final or settled should not be disturbed by a subsequently decided Montana Supreme Court case. 1 This synopsis has been prepared for the convenience of the reader. It constitutes no part of the Opinion of the Court and may not be cited as precedent.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
