Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Settlements

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Plan I

Terri Scarbro, Guilain-Barre Syndrome, 1/15, Food Service Technician, Benefis Hospital, Benefis accepted claim, initiated wage loss/medical, paid whole person impairment, Petitioner contends she is unable to return to regular employment and is entitled to PTD, Benefis contends she is capable of returning to medically approved part-time sedentary employment and is not PTD, $148,000 for all claims except reserving open medical benefits, stipulated judgment; Tommy Murphy for Scarbro; Andrew Adamek for Benefis Health System [Read more…]

ERISA, change of injury causing disability designation

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ERISA: Disability insurer improperly changed injury causing disability designation from MS to below-knee amputation to take advantage of med-mal settlement as deductible source of income. . . beneficiary entitled to reinstatement of full amount of settlement offset. . . attorney-client privilege not applicable to documents pre-dating denial of appeal. . . beneficiary entitled to attorney fees. . . Molloy. [Read more…]

Settlements

By

Plan I

Terri Brown-Gillespie, head, 8/05, Great Falls Target, benefits initiated, previously litigated and settled in 2013 for $125,000 medical reserved, disputes as to medical causation, appropriateness of care, liability for drug regimens, $75,000 for all claims, stipulated judgment; Stacy Tempel-St. John for Brown-Gillespie, Joe Maynard for Target Corp. [Read more…]