Benefits: Permanent Total Benefits: Cost-of-Living Adjustment

Benefits: Permanent Total Benefits: Cost-of-Living Adjustment

MONTANA SUPREME COURT DECISIONS

Broeker v. State Compensation Ins. Fund, 275 Mont. 502 (1996) (No. 95-221) All social security disability cost-of-living increases, whether included in the initial rate or awarded later, should be excluded when the offset against workers’ compensation total disability benefits is calculated pursuant to sections 39-71-701(2) and -702(2), MCA (1979). Affirming decision of Workers’ Compensation Court, Broeker v. State Compensation Insurance Fund, 1995 MTWCC 17 (1995).

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Cheetham v. Liberty NW Ins. Corp. [6/17/03] 2003 MTWCC 44 The cost-of-living adjustment provided in section 39-71-702(5), MCA (1995), must be based on the benefits rate provided in section 39-71-702(3), MCA (1995), before any social security offset provided in section 39-71-702(4), MCA.