Benefits: Occupational Diseases

Benefits: Occupational Diseases

MONTANA SUPREME COURT CASES

Fellenberg v. Transportation Ins. Co., 2005 MT 90 Although a former employee of W. R. Grace had an injurious condition (asbestosis) that was one hundred percent attributable to his employment, undisputed facts demonstrated that his retirement was not related to his lung disease and he had no intention of returning to work after retirement. In this situation, the Workers’ Compensation Court correctly determined that claimant’s asbestosis did not result in a loss of actual earnings or earnings capability, meaning he was not entitled to permanent total disability benefits, permanent partial disability benefits, or impairment award.

Hand v. UEF [11/30/04] 2004 MT 336 (No. 03-346) Where appeal was still open for review when Schmill v. Liberty Northwest Ins. Corp., 2003 MT 80, 315 Mont. 51, 67 P.3d 290, was decided, claimant is entitled to 100% of his total disability benefits if he suffers a wage loss as a result of his occupational disease, not the apportioned share determined in litigation prior to Schmill.

WORKERS' COMPENSATION COURT CASES

Paul v. Transportation Ins. Co. [10/07/04] 2004 MTWCC 69 Under 1987 laws, a claimant suffering from an occupational disease is entitled to the same benefits as an injured worker whose benefits are governed by the Workers' Compensation Act if those benefits are greater than provided under the Occupational Disease Act. Stavenjord v. Montana State Fund, 2003 MT 67, 314 Mont. 466, 67 P.3d 229.

Fellenberg v. Transportation Ins. Co. [3/19/04] 2004 MTWCC 29 Under the 1983 Occupational Disease Act (ODA), claimants suffering from occupational diseases are entitled to temporary and permanent total disability benefits to the same extent as claimants who suffer injuries compensable under the 1983 Workers' Compensation Act. § 39-72-701, MCA (1981-2003). Affirmed in Fellenberg v. Transportation Ins. Co., 2005 MT 90