Flynn and Miller v. State Fund And

¶1 Appellants Montana State Fund, Liberty Northwest Insurance Corp., and certain “Common Fund Insurers” (collectively State Fund) appeal from the order of the Workers’ Compensation Court (WCC). We affirm in part and reverse in part.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the WCC err by refusing to apply judicial decisions retroactively to only claims in “active” litigation?

¶4 2. Did the WCC err in its final definition of a “settled” claim?

¶5 3. Did the WCC err when it concluded that the terms “closed” and “inactive” were not included in our Schmill II directive?

¶6 4. Did the…