Montana Workers' Comp. Court: Asbestos Cases

Our case-law library holds 7 asbestos decisions from the Montana Workers' Comp. Court (2009–2019). Each links to our summary and the full opinion.

• State: Montana
• Kind of court: State trial court

Decisions

• Rosling v. Associated Loggers Exchange (2019). The Workers' Compensation Court held that McMillan's claim was timely, his asbestos-related disease was a compensable occupational disease, and insurer Associated Loggers Exchange was liable, awarding medical benefits, an impairment award, permanent total disability benefits and costs, but denying attorney fees and a penalty.
• Atchley v. Louisiana Pacific Corp. (2018). The Montana Workers' Compensation Court held Louisiana Pacific Corp. liable to Hazel Atchley for death benefits for her husband's asbestos-related disease, and awarded her costs but denied attorney fees and a penalty.
• Wommack v. National Farmers Union Property & Casualty Co. (2017). The Workers' Compensation Court held Liberty Mutual Fire Ins. Co., the insurer at risk during Wommack's final years at Cenex, liable for his asbestos-related occupational disease, awarded him costs, and denied his requests for attorney fees and a penalty.
• Baeth v. Liberty NW Ins. Corp. (2014). The Workers' Compensation Court held that Judy Baeth has an occupational disease (asbestos-related lung disease) for which Stimson's insurer Liberty Northwest is liable, set her impairment at 45%, awarded medical benefits and costs, and denied her penalty and attorney fees.
• Monroe v. Maco Workers Comp Trust (2014). The Workers' Compensation Court held Lincoln County's insurer, MACo, liable for Dwane Monroe's asbestos-related disease and death under the last injurious exposure rule, found the claim timely, and awarded Karen Monroe widow's benefits, burial expenses and costs, but denied the estate's 100% permanent partial disability claim.
• Peterson v. Liberty NW Ins. Corp. (2013). The Workers' Compensation Court held that Steve Peterson's occupational disease claim against Liberty NW Ins. Corp. (insurer for Stimson) was time-barred, so Liberty won and Peterson received no benefits.
• Johnson v. Liberty Northwest Insurance Corporation (2009). The Workers' Compensation Court held that Raymond Johnson has an occupational disease from his Libby mill work, that Liberty Northwest (Stimson's insurer) is liable under the last injurious exposure rule, and awarded him permanent total disability benefits, a 25% impairment rating, medical expenses and costs.