39-72-701, MCA
[1983]
Fellenberg
v Transportation Ins. Co. [3/19/04] 2004 MTWCC 29
Under the 1983 law, where a
claimant suffering from an occupational disease voluntarily retired and
removed himself from the labor market long before the onset of alleged
permanent total disability, he has not suffered a wage loss attributable
to his occupational disease and is not entitled to permanent total disability
benefits on that basis. He also failed to provide persuasive evidence
that he has no reasonable prospect of employment should he decide to return
to the labor market and is therefore not entitled to permanent total disability
benefits on that basis. Affirmed in Fellenberg
v. Transportation Ins. Co., 2005 MT 90 |
| [1985] W.R. Grace & Co. and Transportation Ins. Co. v. Riley [3/23/98] 1998 MTWCC 26 Under section 39-72-701, MCA (1985), previously interpreted by this Court in Manweiler v. The Travelers Ins. Co., WCC No. 9511-7445 (6/6/96), the amount and duration of death benefits under the Occupational Disease Act is governed by the death benefits provisions of the Workers' Compensation Act, including section 39-71-721, MCA (1985), which states that where an injured or diseased worker subsequently dies, the beneficiary "is entitled to the same compensation as though the death occurred immediately following the injury, but the period during which the death benefits is paid shall be reduced by the period during or for which compensation was paid for the injury." As previously held in Manweiler, the insurer is entitled to a credit for any portion of settlement monies paid to decedent which are attributable to periods of time after decedent's death. |
[1993] Ingebretson
v. Louisiana-Pacific Corp. [12/14/94] 1994 MTWCC 113 Although
self-insured employer brought claimant back to work prior to
MMI by offering him work within his restrictions (see section
39-71-701(4), MCA (1993)), it assigned him work that caused him
pain, and refused to heed his requests for reassignment. When
claimant fell asleep at work the next day, it was because his
employer-caused pain had caused a sleepless night. Employer’s purported termination
for sleeping at work was a pretext for the employer to rid itself
of a disabled employee, making the alternative job “no longer
available” to claimant and entitling him to reinstatement
of temporary total disability benefits. Claimant was entitled
to temporary total disability benefits, attorneys fees, and penalty.
Affirmed in Ingebretson v. Louisiana-Pacific Corporation, 272
Mont. 294 (1995) (No. 94-622). |
[1993] Ingebretson
v. Louisiana-Pacific Corp. [12/14/94] 1994 MTWCC 113 Pursuant
to section 39-72-701(1), MCA (1993), of the Occupational Disease
Act, section 39-71-701(1), MCA (1993) of the Workers’ Compensation
Act regulates an occupational disease claimant’s entitlement
to temporary total disability benefits. |