[1991] Haag v. School Dist. No. 1, Great Falls Pub. Schs., 274 Mont. 109, 906 P.2d 693 (1995) Section 39-71-608, MCA (1991) authorizes an insurer to begin paying benefits within thirty days of receipt of a claim for compensation without admitting liability or waiving any defenses. This statute recognizes that situations may arise in which an insurer should not, in fairness, be forced to irrevocably accept or deny a claim within thirty days as required by section 39-71-606(1), MCA. Importantly, however, section 39-71-608, MCA, contains the same thirty-day period for the insurer’s action as section 39-71-606(1), MCA. Thus, section 39-71-608, MCA does not merely provide an alternative for an insurer faced with the dilemma of complying with its statutory mandate to accept or deny a claim within thirty days. Read together with section 39-71-606(1), MCA, it reemphasizes the legislature’s intent to require an insurer to take action on a claim for compensation, and give notice thereof to the claimant, within thirty days.

Clapham v. Twin City [08/01/12] 2012 MTWCC 27 Section 39-71-606(5), MCA, which specifically limits the remedies available for noncompliance with the statute to attorney fees and a penalty, likewise applies to claims placed under § 39-71-608, MCA. It would be absurd to hold an insurer who invokes § 39-71-608, MCA, potentially liable for automatic acceptance of the claim while an insurer who simply denies the claim would not face the possibility of this action.