ALLEN J. HAAS Petitioner
STATE COMPENSATION INSURANCE FUND Respondent/Insurer for NEWMAN RANCH Employer.
HUPPERT & SLOVAK, P.C. Mr. J. David Slovak Attorney for
COMPENSATION INSURANCE FUND Mr. Thomas E. Martello Attorney
Allen J. Haas (Haas), and Respondent, State Compensation
Insurance Fund (State Fund), agree to settle the Petition
herein as follows:
was seriously injured in the course and scope of his
employment on June 9, 1990. State Fund accepted liability for
Haas' injury pursuant to the Workers' Compensation
Act of Montana. Haas filed his Petition in the instant
proceeding in January 2000, and an Amended Petition in March
2000. State Fund adjusted Haas' workers' compensation
claim from June 1990 through September 13, 2000, when the
parties orally agreed, before Judge Mike McCarter, to settle
the Petition herein according to the terms set forth below.
State Fund agrees to pay Haas SIX HUNDRED NINETY THOUSAND AND
NO/100 DOLLARS ($690, 000.00) (the Settlement Sum). In
consideration of the settlement, the State Fund agrees to pay
the Settlement Sum as follows:
a. Sum due at the time of settlement, as follows: TWO HUNDRED
FIFTY-TWO THOUSAND TWO HUNDRED FORTY-NINE AND NO/100 DOLLARS
($252, 249.00), by draft made payable to Allen J. Haas.
b. Sums due as periodic payments, scheduled follows: See,
c. All sums received hereunder constitute medical benefits
under the Montana Workers' Compensation Act and are
deemed by the parties as workers' compensation within the
meaning of section 104(a)(1) of the Internal Revenue Code of
1986 as amended.
d. Haas is disabled from and may not, directly or indirectly,
by assigning or otherwise, sell, mortgage, encumber or
anticipate any payment or party of any payment, to be made
under this Settlement Agreement. Additionally, Haas may not
accelerate, defer, increase or decrease any payment, or part
of any payment.
e. Neither the Insurer nor the State Fund must set aside any
asset to fund payments to be made to Haas under this
Settlement Agreement. Additionally, Haas is merely a general
creditor of the Insurer and State Fund.
f. Any payment to be made under this Settlement Agreement
after Haas' death shall be to the individual or entity
that Haas has designated in a writing, signed by Haas or by
Haas' authorized representative and delivered to the
Insurer or the Insurer's Assignee before Haas' death.
If Haas does not make a designation as prescribed in this
paragraph or if the designated person has died or the
designated entity has ceased to exist before Haas' death,
any payment to be made under this Settlement Agreement after
Haas' death shall be to Haas' estate.
g. Haas may request to change the designation at any time by
delivering in writing, signed by Haas or Haas' authorized
representative, to the Insurer or the Insurer's Assignee
before Haas' death. Any change in the designation becomes
effective only after the Insurer or the Insurer's
Assignee has changed the beneficiary designation on an
annuity contract funding this Settlement Agreement.
consideration for payment of the Settlement Sum, Haas agrees
to settle and forever compromise his future medical expenses
under § 39-71-704, MCA (1989), inclusive of domiciliary
care benefits. The parties agree that they have executed this
Settlement Agreement to compromise all claims existing
between the parties and the parties hereby mutually release
any and all claims, reserving only such claims that might
arise from a breach of this Settlement Agreement. It is the
mutual intent of the parties that the execution of this
Settlement Agreement and its terms shall fully and forever
terminate all dealings between Haas and the State Fund. The
Haases represent and warrant: a) that no claims for any type
of benefit under the Workers' Compensation Act of Montana
or damages available pursuant to statutory or common law
arising from or related in any way to the injury of June 9,
1990, and the State Fund's adjustment of the claim
relating to that injury are reserved by them; and b) that
receipt of the settlement sum is full and adequate
consideration for this general release.
parties have stipulated that Haas is permanently totally
disabled. As such, Haas agrees that he shall not engage in
any employment for which the State Fund or its successors or
assigns may provide workers' compensation coverage,
occupational disease or employer's ...