March 2012 Archives

Montana Supreme Court Finds Plan II Employers Are Not Within the Insurer's Attorney-Client Privilege

A Montana employer that elects to place its workers' compensation coverage under statutory Plan II turns all of the responsibility for adjusting and settling work comp claims over to the insurance company. The Montana Supreme Court relied on that principle when it held today that an insurer waived its attorney-client privilege by disclosing a confidential settlement strategy memorandum to representatives of the employer.

Retaliation Need Only Be a "Contributing Factor," Not the Only Reason

On February 12, 2012, the U.S. Department of Labor's Administrative Review Board held in favor of the railroad employee in DeFrancesco v. Union Railroad Co. Mr. DeFrancesco alleged that his employer, Union Railroad Co., illegally retaliated against him for reporting an on-duty injury. Following the injury report, DeFrancesco's supervisors reviewed his entire "discipline and injury history to determine whether he exhibited a pattern of unsafe behavior that required corrective action." The railroad concluded DeFrancesco had failed to work safely at the time of his injury, and also that he had shown a general pattern of carelessness at work. The railroad noticed up an investigation on these charges but offered alternative handling in the form of a 15-day suspension. The employee, fearing he would be discharged if he proceeded to investigation, accepted the suspension and then filed an OSHA complaint for retaliation.

Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Firm Location:

Paoli Law Firm, P.C.
257 W Front St
Suite A
Missoula, MT 59802-4351

Toll Free: 800-332-4308
Phone: 406-542-3330
Fax: 406-542-3332
Missoula Law Office Map

Firm Number