39-71-712, MCA


Nelson v. Montana Schools Group Ins. Auth. [01/09/14] 2014 MTWCC 1 Where Petitioner’s post-injury wages are greater than the aggregate of her wages at the time of her industrial injury, she is not entitled to TPD benefits, even though she discontinued one of the two positions she held with her employer.

Long v. New Hampshire Ins. Co. [04/10/09] 2009 MTWCC 14 A claimant who was not released to return to the employment in which he was engaged at the time of the injury or to employment with similar physical requirements may be eligible for TTD benefits under § 39-71-701(1)(b), MCA, but could alternately be eligible for TPD benefits because he had a physical restriction, was not at MMI, and was released to return to an alternate employment that he was able and qualified to perform while suffering an actual wage loss.

Fabbi v. Valley Forge Ins. Co. [04/16/08] 2008 MTWCC 16 Where the Court determined that Petitioner voluntarily terminated her position at her time-of-injury employer, Petitioner is not entitled to indemnity benefits for the time periods at issue, notwithstanding the fact that the employer advised Petitioner by letter that it was able to accommodate the modifications set forth in her doctor’s release and offered Petitioner an opportunity to return to work in a modified position.

Vallance v. MCCF, 2006 MTWCC 15 [04/11/06] Section 39-71-712, MCA, outlines the requirements for receiving temporary partial disability (TPD) benefits and the consequences for refusing work within one's restrictions prior to medical stability. Where Petitioner was released for work consistent with positions available to him with his time-of-injury employer and Petitioner chose not to accept the position, he is not eligible for TPD benefits so long as he is released to perform the duties available to him in the position offered. Until he reaches medical stability and is entitled to permanent partial disability benefits, he is not entitled to wage-loss benefits.

Vallance v. MCCF, 2006 MTWCC 15 [04/11/06] Where Petitioner voluntarily resigned his position with his time-of-injury employer after he was disciplined for refusing to perform tasks which fell within those activities allowed within his doctor's restrictions, he is ineligible for TPD benefits pursuant to § 39-71-712(4)(c), MCA.

Lockhart v. New Hampshire Ins. Co. [12/11/97] 1997 MTWCC 67 Although section 39-71-712, MCA (1995) limits temporary partial disability benefits to 26 weeks, insurer was estopped from relying on 26 week limit where it had denied claim and caused claimant to delay surgery, meaning he could not undergo surgery and return to temporary total disability status before using up 26 weeks.