39-72-608, MCA
[1993] Bowers v. DLI/State Fund [4/29/97] 1997 MTWCC 29 Widow seeking occupational disease benefits disputed Department's determination she must pay for medical evaluation of question whether chemical exposure contributed to death of her husband. Under the specific language of section 39-72-608, MCA (1993), "when the occupational disease causes death, the expense of any examinations and reports, as provided in 39-72-605, must be borne by the party requesting the examination." Because causation has not yet been determined in this case, the charges may not yet be assessed against claimant and must initially be borne by the Department. Should it ultimately be determined that the worker in fact died on account of an occupational disease, claimant/appellant will be liable for the bills since she requested the evaluation. |