Caldwell v. MACo Workers' Compensation Trust [07/11/11] 2011 MT 162 The categorical denial of vocational rehabilitation benefits to older workers under § 39-71-710, MCA, violates the equal protection clause of the Montana Constitution.  The statute creates two classes of similarly situated people – those who are vocational rehabilitation eligible and are eligible to receive social security retirement benefits, and those who are not – and treats them differently.  The denial of benefits to older workers is not rationally related to a legitimate governmental purpose, other than cost containment, and is unconstitutional.

Aldrich v. Montana State Fund [02/18/09] 2009 MT 40 The Montana Supreme Court affirmed the Workers’ Compensation Court’s conclusion that a claimant’s receipt of Social Security retirement benefits did not preclude him from receiving temporary total disability (TTD) benefits where he satisfies § 39-71-701, MCA, by not reaching maximum healing and suffering a total loss of wages. Since the claimant was not earning a wage at the time of his surgery and treatment, the court concluded he did not suffer a “total loss of wages” as a result of the condition and surgery and therefore is not entitled to TTD benefits. The Supreme Court noted that the claimant had not demonstrated that he had any job prospects which he could not accept on account of his injury. Had he been able to make such a demonstration, then his argument that he sustained a total wage loss might have had merit.

[1999] Reesor v. Montana State Fund, 2004 MT 370 (No. 03-639) Section 39-71-710, MCA (1999), violates equal protection guarantees in that it treats partially disabled claimants disparately because of their age. There is no rational basis for the legislature to provide that a 65 year old worker with an identical injury to a 40 year old worker should receive only an impairment award solely because he has reached retirement age.

Gray v. Montana State Fund [01/30/14] 2014 MTWCC 2 Section 39-71-710(1), MCA, provides for two ways in which a claimant will be deemed retired: if he is receiving social security retirement benefits; or if he is eligible to receive full social security retirement benefits.  Therefore, Petitioner, who is receiving “partial” or “early” social security retirement benefits, is considered retired under the statute, and Respondent is not liable to Petitioner for permanent total disability benefits.

Caldwell v. MACo Workers' Compen. Trust [07/07/10] 2010 MTWCC 24 Rehabilitation benefits are meant to assist only workers who will return to work.  Since § 39-71-1006, MCA, already takes the workers’ age into consideration to determine eligibility for benefits, the Court finds no rational basis for automatically terminating rehabilitation benefits upon retirement eligibility, pursuant to § 39-71-702, MCA.  This automatic termination bears no rational relationship to a legitimate governmental interest and violates equal protection as guaranteed by Art. II, § 4, Mont. Const.

[1987] Paul v. Transportation Ins. Co. [10/07/04] 2004 MTWCC 69 A claimant who has retired or is deemed retired is not entitled to permanent partial disability benefits other than an impairment award.