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FLYNN v. MONTANA STATE FUND

No. DA 10-0368.

267 P.3d 23 (2011)

2011 MT 300

363 Mont. 55

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.

Decided November 29, 2011.

Attorney(s) appearing for the Case

For Appellants: Rexford L. Palmer (argued); Attorneys Inc., P.C.; Missoula, Montana.

For Appellees: Steven W. Jennings (argued); Crowley Fleck PLLP; Billings, Montana (Common Fund Insurers), Larry W. Jones ; Law Offices of Larry W. Jones; Missoula, Montana (Liberty Northwest Insurance Corporation), Bradley J. Luck (argued); Garlington, Lohn & Robinson; Missoula, Montana (Montana State Fund), Thomas E. Martello ; Montana State Fund; Helena, Montana.

For Amicus Curiae (Cassandra Schmill): Laurie Wallace ; Bothe & Lauridsen, P.C.; Columbia Falls, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Petitioners Robert Flynn and Carl Miller (collectively "Flynn") appeal the Order of the Workers' Compensation Court (WCC) defining the term "paid in full," as used in the definition of "settled" workers' compensation claims, for purposes of determining the retroactive application of judicial decisions. On appeal, we consider whether the WCC properly applied retroactivity principles in formulating a definition...

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