Legal Opinion

Barnard v. Liberty Northwest Insurance

Montana Supreme Court

Decided July 22, 2008No. DA 06-0741PublishedCited by 6 opinions

1Opinion of the CourtJustice Warner

¶1 Rodney Barnard petitioned the Workers’ Compensation Court (WCC) for a lump sum conversion of his permanent total disability benefits. The WCC granted his petition. The insurer, Liberty Northwest Insurance (Liberty), appeals the decision of the WCC.

¶2 We restate and address the issues on appeal as follows:

¶3 Issue 1: Does § 39-71-741(l)(c), MCA (2003), limit the Department of Labor and Industry (DLI) to $20,000 lump sum conversions of permanent total disability benefits?

¶4 Issue 2: Did the WCC err in determining that Barnard was entitled to a lump sum payment because the money would be used…

2Cases cited7 opinions

  1. Buckman v. Montana Deaconess HospitalMontana Supreme Court · 1986
  2. Hiett v. Missoula County Public SchoolsMontana Supreme Court · 2003
  3. Rausch v. State Compensation Insurance FundMontana Supreme Court · 2002
  4. Fliehler v. Uninsured Employers FundMontana Supreme Court · 2002
  5. Glendive Medical Center, Inc. v. Montana Department of Public Health & Human ServicesMontana Supreme Court · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Shelby Distributors, LLC v. Montana Department of RevenueMontana Supreme Court · 2009
  2. Powell County v. Country Village, LLCMontana Supreme Court · 2009
  3. Board of Trustees v. Butte-Silver Bow CountyMontana Supreme Court · 2009
  4. Bd. of Trustees Butte-Silver Bow PMontana Supreme Court · 2009
  5. Powell Co. v. Country VillageMontana Supreme Court · 2009

1 more not listed; retrieve them via the Exa API.

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