In the case of Moreau v. Transp. Ins. Co., the workers' compensation insurance carrier for a Montana mining company had agreed to accept liability for medical expenses of a former worker who died of asbestos-related lung cancer.
However, the company had established and funded a medical plan to pay for the medical expenses of workers injured by exposure to asbestos, and both the plan and employer declined to accept the insurer reimbursement for this worker. The worker's widow, as personal representative of his estate, asserted the reimbursement should be paid either to his estate or to a charity chosen by the estate.
But the insurer wouldn't pay the money for this purpose, so the estate filed an action with the state Workers' Compensation Court. Initially, the petition was denied on grounds it lacked jurisdiction because the estate lacked standing. However, the Montana Supreme Court disagreed, reversing and remanding.