Statutes and Statutory Interpretation: Specific Over General

MONTANA SUPREME COURT DECISIONS
MONTANA WORKERS' COMPENSATION COURT DECISIONS

Spencer v. Zurich American Ins. Co., [10/21/14] 2014 MTWCC 20 When two provisions deal with a subject, one in general and comprehensive terms and the other in minute and more definite terms, the more definite provision will prevail to the extent of any opposition between them.  Since § 39-71-701(4), MCA, specifically addresses the issue of whether a worker is entitled to TTD benefits when a modified position is no longer available, it is the provision that controls the issue of when a worker becomes eligible for TTD benefits in that situation.