Legal Opinion

Weldele v. Medley Development

Montana Supreme Court

Decided June 25, 1987No. 86-143PublishedCited by 20 opinions

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

  1. Kienas v. PetersonMontana Supreme Court · 1980
  2. Sollie v. Peavey Co.Montana Supreme Court · 1984

3Cited by20 opinions

  1. Wolfe v. WebbMontana Supreme Court · 1992
  2. Gamble v. SearsMontana Supreme Court · 2007
  3. Kimes v. Charlie's Family Dining & Donut ShopMontana Supreme Court · 1988
  4. South v. Transportation InsuranceMontana Supreme Court · 1996
  5. Harrison v. Liberty Northwest InsuranceMontana Supreme Court · 2008

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