Legal Opinion

Rath v. St. Labre Indian School

Montana Supreme Court

Decided August 13, 1991No. 91-034PublishedCited by 10 opinions

1Opinion of the CourtJustice Gray

The claimant, Robert L. Rath, appeals the judgment of the Workers’ Compensation Court refusing to set aside the Full and Final Compromise Settlement that he entered into on January 17, 1986. Following a trial on the matter, the Workers’ Compensation Court ruled that there was no mutual mistake of fact as to the claimant’s medical condition at the time of the settlement and that his petition to reopen the settlement was barred by the statute of limitations pursuant to § 27-2-203, MCA. We affirm.

The dispositive issue on appeal is whether the Workers’ Compensation Court erred in concluding that…

2Cases cited5 opinions

  1. Steer, Inc. v. Department of RevenueMontana Supreme Court · 1990
  2. D'AGOSTINO v. SwansonMontana Supreme Court · 1990
  3. Jerome v. PardisMontana Supreme Court · 1989
  4. Kienas v. PetersonMontana Supreme Court · 1980
  5. Kraft v. Flathead Valley Labor & ContractorsMontana Supreme Court · 1990

3Cited by10 opinions

  1. Kephart v. PortmannMontana Supreme Court · 1993
  2. South v. Transportation InsuranceMontana Supreme Court · 1996
  3. Eiler v. StateMontana Supreme Court · 1992
  4. Reil v. State Compensation Mutual Insurance FundMontana Supreme Court · 1992
  5. Ness v. Anaconda Minerals Co.Montana Supreme Court · 1993

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