Cases Discussed:
Hunter
v. Gibson Products of Billings Heights, Inc.,
224 Mont. 481, 730 P.2d 1139 (1986)
Otteson
v. State Fund [5/27/04] 2004 MTWCC 44 Hunter,
which held that a claimant is entitled to permanent partial disability
benefits despite having reached social security retirement age, is inapposite
under 1993 law. It was based on provisions which have been repealed or
repudiated by the legislature. |
| Fellenberg v Transportation Ins. Co. [3/19/04] 2004 MTWCC 29 Impairment awards are payable to permanently totally disabled claimants under the 1983 Workers' Compensation Act (WCA). Since the Occupational Disease Act (ODA) provides for payment of permanent total disability benefits, impairment awards may be available under the 1983 law to claimants who suffer from occupational diseases which are permanently totally disabling. Affirmed in Fellenberg v. Transportation Ins. Co., 2005 MT 90 |