Uninsured Employers' Fund: Setoffs

Hilbig v. Uninsured Employers' Fund [02/20/09] 2009 MTWCC 6 Under § 39-71-511, MCA, the UEF is entitled to a setoff against benefits paid if Petitioner recovers monetary compensation as a result of her third-party claim. However, this does not entitle the UEF to refuse to pay benefits until Petitioner's third-party claim is resolved.

Dennis Hand v. UEF [9/18/00] 2000 MTWCC 59 Under section 39-71-511, MCA, as applied to OD claims through section 39-72-305(2), MCA, the UEF is entitled to discharge or reduce OD claims on the basis of civil recovery for the same alleged condition or harm. Here, the WCC was unable to determine the propriety of setoff because the parties' factual stipulation did not state whether claimant's settlement compensated him for the same harm or condition for which he now seeks OD benefits.