39-71-707, MCA

MONTANA SUPREME COURT DECISIONS

WORKERS' COMPENSATION COURT DECISIONS

Burgan v. Nationwide Ins. Co. [10/04/95] 1995 MTWCC 75 The permanent partial disability benefits available under sections 39-71-705 through -708, MCA (1985), commonly referenced as “indemnity benefits,” seek to indemnify the injured worker for “possible” loss of future earning capacity, rather than any “actual” loss of earning capacity. These benefits are based on a schedule of injuries, but in the case of a non-scheduled injury, such as the back injury at issue here, the maximum number of weeks of benefits is 500 weeks, with the award for less than a total loss to “be proportionate to loss or loss of use.” §39-71-706(1), MCA (1985). In determining disability, the Court must consider the claimant’s age, education, work experience, pain and disability, actual wage loss, and possible loss of future earning capacity.