Fisher v. Missoula White Pine Sash Company

This is an action to determine the subrogation rights of an employer’s insurer under the Montana Workmen’s Compensation Act. Claimant was awarded workmen’s compensation benefits for the accidental death of her husband. Claimant also received a compromise settlement of $18,000 from an alleged third party tortfeasor in a wrongful death action.

The Workmen’s Compensation Division denied the employer’s insurer subrogation to any part of the $18,000 compromise settlement proceeds received from the alleged third party tortfeasor. On appeal, the district court of the fourth judicial district,…