Weldele v. Medley Development
Montana Supreme Court
1Opinion of the CourtJustice Hunt
The State Compensation Insurance Fund (State Fund) appeals a Workers’ Compensation Court order setting aside the full and final compromise settlement of respondent Darryl Weldele’s Workers’ Compensation claim.
We affirm.
The dispositive issue on appeal is whether a mutual mistake of material fact, at the time the compromise settlement was entered into, prevented the parties from effectively consenting to the agreement. The Workers’ Compensation Court found that there was and we agree.
In July, 1978, respondent suffered a work-related injury while working for Medley Development in Cascade County,…
2Cases cited2 opinions
- Kienas v. PetersonMontana Supreme Court · 1980
- Sollie v. Peavey Co.Montana Supreme Court · 1984
3Cited by20 opinions
- Wolfe v. WebbMontana Supreme Court · 1992
- Gamble v. SearsMontana Supreme Court · 2007
- Kimes v. Charlie's Family Dining & Donut ShopMontana Supreme Court · 1988
- South v. Transportation InsuranceMontana Supreme Court · 1996
- Harrison v. Liberty Northwest InsuranceMontana Supreme Court · 2008
15 more not listed; retrieve them via the Exa API.