Martin v. State Compensation Insurance Fund

The petitioner, Kenneth Martin, filed a petition for hearing in the Workers’ Compensation Court of the State of Montana in which he sought to set aside a final settlement agreement that had been approved by the Division of Workers’ Compensation. The respondent, State Compensation Insurance Fund, filed a motion to dismiss, or in the alternative, for summary judgment. The Workers’ Compensation Court entered an order granting summary judgment in favor of the State Fund. Martin appeals that order. We reverse the order of the Workers’ Compensation Court.

The issues on appeal include:

1. Did the…