Interim (Section 39-71-610, MCA) Benefits, Criteria for Awarding

Hartford Fire Ins. Co. v. Hostetter [06/25/13] 2013 MTWCC 14 Appeals from Department determinations regarding interim benefits under § 39-71-610, MCA, are subject to de novo review by this Court.  This Court considers four factors in making a determination: (1) whether liability was accepted; (2) whether benefits were paid, especially for a significant time period; (3) whether the claimant has demonstrated he will suffer significant financial hardship without interim benefits; and (4) whether the claimant has tendered a strong prima facie case for reinstatement of the benefits.  To meet the fourth factor, a claimant need not prove entitlement to TTD benefits, but need only tender substantial evidence which, if believed, would entitle him to the benefits.

Montana Health Network v. Graham [12/5/02] 2002 MTWCC 61 In determining whether interim benefits under section 39-71-610, MCA, are appropriate, the Court will consider four factors. First, was liability for the claim accepted? Second, were benefits paid, especially for a significant time period? Third, has the claimant demonstrated she will suffer significant financial hardship if section 39-71-610, MCA, interim benefits are not ordered? Fourth, has the claimant tendered a strong prima facie case for reinstatement of the benefits she is seeking?