Benefits: Impairment Awards: Accrual

Torgerson v. Transportation Ins. Co. [08/26/13] 2013 MTWCC 24 Although § 39-71-726, MCA, cuts off entitlement to any benefits not accrued prior to a claimant’s death, the entitlement to an impairment award accrues at the time of a claimant’s maximum healing, even though the impairment rating itself may occur later.  Where a claimant reaches maximum healing prior to his death, his right to an impairment award also accrued prior to his death, even if the impairment rating itself occurs later.  In such instance, the claimant’s estate would be entitled to payment of the impairment award.