The Montana Workers’ Compensation Court ruled that the doctrine of res judicata barred an injured worker from continuing to request rescission of a settlement, since he had unsuccessfully attempted to back out of the deal twice before.
Case: Miller v. Montana State Fund, No. 2020-5145, 11/25/2020, published.
Facts and procedural history: Michael Miller suffered a head injury while at work in 1983. The Montana State Fund provided workers’ compensation insurance coverage to Miller’s employer, and the State Fund accepted liability.
In September 1988, Miller and the fund reach...
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