Benefits: Permanent Total Disability Benefits: Retirement

Gray v. Montana State Fund [01/30/14] 2014 MTWCC 2 Section 39-71-710(1), MCA, provides for two ways in which a claimant will be deemed retired: if he is receiving social security retirement benefits; or if he is eligible to receive full social security retirement benefits.  Therefore, Petitioner, who is receiving “partial” or “early” social security retirement benefits, is considered retired under the statute, and Respondent is not liable to Petitioner for permanent total disability benefits.

Woodards v. MIGA [12/18/07] 2007 MTWCC 55 Petitioner was 76 years old and still working at the time of her injury. However, her situation is factually on-point with one of the claimants in Satterlee v. Lumberman’s Mut. Cas. Co., 2005 MTWCC 55, who was found not to be entitled to PTD benefits because she was considered retired pursuant to § 39-71-710, MCA. Therefore, Petitioner is not entitled to PTD benefits.
Mack v. Transportation Ins. Co. [05/22/07] 2007 MTWCC 16 Where Petitioner was first retired and then declared to be permanently totally disabled, the Court determined the 1987 and 1989 versions of § 39-71-703, MCA, did not render Petitioner ineligible to receive an impairment award. Since Petitioner was not eligible to receive PTD benefits due to his retirement, the prohibition set forth in Rausch does not apply.

Paul v. Transportation Ins. Co. [10/07/04] 2004 MTWCC 69 Under 1987 laws, a worker who has retired is not entitled to permanent total disability benefits.