Benefits: Incarceration

Goble and Gerber v. Montana State Fund, 2014 MT 99 Making incarcerated claimants ineligible to receive workers compensation benefits satisfies the public policy behind the WCA found in § 39-71-105(1), -105(3), MCA, by removing benefits from claimants who are incapable of earning a wage and incapable of returning to work.  Such claimants are not losing wages as a result of their injuries but rather as a result of their criminal activity.