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.

Greer v. Liberty Northwest Ins. Corp. [02/03/16] 2016 MTWCC 2 Although the Court agreed with Petitioners that the case fell squarely under the exception to the going and coming rule in § 39-71-407(3)(a)(i), MCA, and that the case was indistinguishable from earlier case law, the Court concluded that the insurer’s arguments to the contrary were reasonable in light of the legislative history, particularly since the case was already pending when this Court issued a similar decision in this area of law.

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.