Moreau v. Transportation Insur. Co., 2018 MT 1 (Jan. 2, 2018) (McGrath, C.J.) (5-0, aff’d)
Issue: Whether the Workers’ Compensation Court erred in granting summary judgment to Transportation Insurance Company.
Short Answer: No.
Facts: Moreau’s husband, Edwin, worked for W.R. Grace in Libby from 1963-1992. In 2009, Edwin died from asbestos-related lung cancer.
In 2000, Grace established the Libby Medical Plan to pay medical expenses for employees injured by asbestos. The Plan paid about $95,000 of Edwin’s medical expenses. In September 2012, as part of Grace’s bankruptcy, certain rights and duties of the Plan were transferred to the Libby Medical Plan Trust. Grace remained responsible for the Plan’s ongoing obligations incurred before that time.
In 2010, Moreau, as PR of Edwin’s estate, filed a work comp claim for occupational disease benefits.…