39-71-744, MCA

MONTANA SUPREME COURT DECISIONS

MONTANA WORKERS' COMPENSATION COURT DECISIONS

McCuin v. Montana State Fund [12/21/06] 2006 MTWCC 41 Petitioner’s entitlement to benefits pursuant to § 39-71-703, MCA, accrued on July 2, 2003. However, Petitioner was not entitled to those benefits during the time of his incarceration pursuant to § 39-71-744, MCA.

McCuin v. Montana State Fund [12/21/06] 2006 MTWCC 41 The workers’ compensation system is designed so that the cost of an on-the-job injury is not borne by the injured worker, but by his employer and indirectly by the public via the increased cost of production. When a person is incarcerated, the public bears the cost of the incarceration. Were that person also to receive workers’ compensation benefits, the public would bear the cost of that person’s maintenance twice. A rational basis therefore exists for treating incarcerated individuals differently than the rest of the claimant population under this statute.