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FLYNN v. MONTANA STATE FUND

No. DA 10-0368.

2011 MT 300

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.

Supreme Court of Montana.

Filed November 29, 2011.

SYNOPSIS OF THE CASE

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...

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