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Worker Can't Set Aside Judgment for Dismissal of Claim

Wednesday, March 20, 2019 | 0

The Montana Workers’ Compensation Court ruled that a worker could not set aside a judgment dismissing his claim after he agreed to a settlement based on an alleged mutual mistake as to his condition.  Case: Heath v. Montana State Fund, No. 2018-4443, 03/14/2019, published. Facts and procedural history: Barry Heath suffered injuries in November 2012 while shoveling snow. Heath’s employer had workers’ compensation coverage with Montana State Fund, which accepted liability for a temporary aggravation of his pre-existing shoulder and hand conditions. Heath filed a claim ...

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