Gamble v. Sears

¶1 Sears Holdings Corporation appeals from the judgment of the Workers’ Compensation Court rescinding the settlement agreement in Mary Ann Gamble’s injury claim.

¶2 The Appellant raises the following issues for review:

¶3 (1) Did the court err in rescinding the parties’ settlement agreement?

¶4 (2) Did the court err in concluding that Gamble’s failure to comply with § 39-71-1101(2), MCA, did not absolve Sears of liability for the cost of medical treatment?

¶5 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶6 K-Mart Corporation (“K-Mart”) hired Mary Ann Gamble (“Gamble”) in 1988 to work at its retail…