Penalties: Generally

Quick v. Montana State Fund [05/13/09] 2009 MT 162 Substantial credible evidence supports the Workers’ Compensation Court’s determination that the insurer’s offer of $7.50 per hour for 24-hour registered nurse provided domiciliary care was unreasonable where the Montana Supreme Court had previously upheld awards of $7.00 per hour and $7.50 per hour in 1987 and 1989 to claimant’s spouses providing 24-hour domiciliary care to claimants that did not require the care of an RN.

Peters v. American Zurich Ins. Co. No grounds exist to order an “automatic” penalty under § 39-71-2907, MCA, nor may the Court award a penalty merely because a matter requires the time and resources of the Court or the opposing party.

Briese v. Ace American Ins. Co. [02/20/09] 2009 MTWCC 5 A Lockhart lien is a payment which a claimant makes to his attorney out of his medical benefits and therefore, a penalty may attach to a Lockhart lien pursuant to § 39-71-2907, MCA, because a penalty may be imposed on the “full amount of benefits due a claimant during the period of delay or refusal to pay.”

Quick v. Montana State Fund [06/04/08] 2008 MTWCC 27 Where two Supreme Court cases upheld domiciliary care benefit rates of $7.00 per hour and $7.50 in 1987 and 1989, respectively, in cases where the claimant did not require the care provided by a registered nurse, this Court concludes that Respondent’s domiciliary care benefit rate of $7.50 per hour, to a claimant’s spouse providing RN care, is unreasonable and, therefore, Petitioner is entitled to a 20% penalty.