39-71-737, MCA


[1991, 1997] Rausch et al. v. State Compensation Insurance Fund [9/5/02] 2002 MT 203 Permanently totally disabled claimants are entitled to an impairment award for the loss of physical function of their body occasioned by a work-related injury pursuant to recognition of such awards in §39-71-710, MCA, and §39-71-737, MCA. The award is due upon receipt of an undisputed impairment rating.


Dostal v. Uninsured Employers' Fund [11/05/12] 2012 MTWCC 40 Under § 39-71-737, MCA (1991), the statute included language which excepted impairment awards from the classes of benefits which could not be paid concurrently.  Therefore, in a claim under the 1991 statutes, cases which interpreted an older version of the statute which did not include this exception are not pertinent to the present case and will not preclude Petitioner from receiving an impairment award concurrent with other benefits.

[1995] Siaperas v. Montana State Fund [8/20/02] 2002 MTWCC 40 An insurer is not precluded from paying an impairment award concurrently with other classes of benefits. Therefore, it is not precluded from paying an award while claimant is receiving temporary total disability benefits. Claimant, however, must still be entitled to the award in order for it to be paid.