Benefits: Permanent Partial Disability Benefits: Retirement

Woodards v. MIGA [12/18/07] 2007 MTWCC 55 A claimant who was 76 years old and still working at the time of her injury and who has been totally disabled from the date of her injury forward is not entitled to PPD benefits.

Paul v. Transportation Ins. Co. [10/07/04] 2004 MTWCC 69 Under 1987 laws, a worker who has retired is not entitled to wage loss benefits but is entitled to an impairment award.

Otteson v. State Fund [5/27/04] 2004 MTWCC 44 Under 1993 law, a permanently totally disabled claimant who has never been only partially disabled is not entitled to permanent partial disability benefits upon reaching social security retirement age. § 39-71-703, MCA (1993). Hunter v. Gibson Products of Billings Heights, Inc., 224 Mont. 481, 730 P.2d 1139 (1986) and Russette v. Chippewa Cree Housing Authority, 265 Mont. 90, 874 P.2d 1217 (1994), are distinguishable and inapposite.

Darrah v. ASARCO [5/8/01] 2001 MTWCC 20 The undisputed facts in support of respondent's motion for summary judgment fail to show that claimant is retired within the meaning of section 39-71-710, MCA (1997), therefore, summary judgment is denied.

Mogus v. Reliance National Indemnity Ins. Co. [10/24/97] 1997 MTWCC 61 Claimant received permanent total disability benefits until he reached age 65, retirement age. The insurer paid claimant an impairment award, but refused to pay him other permanent partial disability benefits. To be entitled to permanent partial disability benefits, claimant must meet the definition under section 39-71-116(15), MCA (1991), which includes the requirement that he be able to return to work in some capacity. Because he was permanently totally disabled, which means he was not able to return to work in any capacity (see section 39-71-116(16), MCA (1991)), he cannot qualify for permanent partial disability benefits.