Benefits: Temporary Partial Benefits

Vallance v. MCCF, 2006 MTWCC 15 [04/11/06] Section 39-71-712, MCA, outlines the requirements for receiving temporary partial disability (TPD) benefits and the consequences for refusing work within one's restrictions prior to medical stability. Where Petitioner was released for work consistent with positions available to him with his time-of-injury employer and Petitioner chose not to accept the position, he is not eligible for TPD benefits so long as he is released to perform the duties available to him in the position offered. Until he reaches medical stability and is entitled to permanent partial disability benefits, he is not entitled to wage-loss benefits.

Vallance v. MCCF, 2006 MTWCC 15 [04/11/06] Where Petitioner voluntarily resigned his position with his time-of-injury employer after he was disciplined for refusing to perform tasks which fell within those activities allowed within his doctor's restrictions, he is ineligible for TPD benefits pursuant to § 39-71-712(4)(c), MCA.