Principles of Fairness Barred Worker From Changing Position

The Montana Workers’ Compensation Court ruled that a worker who successfully pursued a claim for permanent total disability benefits for a 1983 knee injury could not later take the position that he had actually been permanently and totally disabled by an earlier injury. Case: McCrary v. Liberty Mutual Fire Insurance Co., No. 2009-2376, 03/02/2018, published. Facts and procedural history: Robert McCrary injured his back while working for the Missoula White Pine Sash Co. in 1977. At the time, White Pine had workers’ compensation insurance coverage with the Liberty Mutual Fire ...