Table of Contents TITLE 39. LABOR CHAPTER 71. WORKERS' COMPENSATION Part 7. Compensation and Benefits Generally
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8 39-71-701 3 39-71-702 7 39-71-703 9 39-71-704 39-71-708 6 39-71-710 2 39-71-711 2 39-71-712 1 39-71-721 39-71-722 39-71-723 39-71-724 1 39-71-725 39-71-726 39-71-727 1 39-71-736 1 39-71-737 1 39-71-739 39-71-740 2 39-71-741 39-71-742 39-71-743 1 39-71-744

Mont. Code Ann. § 39-71-710

(1995)

Termination of benefits upon retirement

(1) If a claimant is receiving disability or rehabilitation compensation benefits and the claimant receives social security retirement benefits or is eligible to receive or is receiving full social security retirement benefits or retirement benefits from a system that is an alternative to social security retirement, the claimant is considered to be retired. When the claimant is retired, the liability of the insurer is ended for payment of permanent partial disability benefits other than the impairment award, payment of permanent total disability benefits, and payment of rehabilitation compensation benefits. However, the insurer remains liable for temporary total disability benefits, any impairment award, and medical benefits.

(2) If a claimant who is eligible under subsection (1) to receive retirement benefits and while gainfully employed suffers a work-related injury, the insurer retains liability for temporary total disability benefits, any impairment award, and medical benefits.

Opinions construing this section

6 opinions
2024 MT 10 Jan 23, 2024 Affirmed
Bluebird Energy v. DOR
Majority by Laurie McKinnon · 5 to 0
Co., 2009 MT 368, ¶ 34, 353 Mont. 265, 222 P.3d 566 (“Our role is not to second guess the prudence of a legislative decision. As such, we cannot strike down § 39-71-710, MCA, as a violation of 11 substantive due process simply because we may not agree with the legislature’s policy decision”). ¶18 2. Are ARMs 42.25.1814 and
2020 MT 317 Dec 16, 2020 Affirmed
S. Hensley v. State Fund
Dissenting by Ingrid Gustafson · 3 to 3 with 1 concurring
airment awards are impliedly authorized to any injured worker classified in one of the four distinct classes of disability benefits by two sections of the Act, § 39-71-710, MCA, and § 39-71-737, MCA.” Section 39-71-710(2), MCA (1987-2019), provides in part, “If a claimant who is eligible . . . to receive retirement benefits . . .
2014 MT 99 Apr 15, 2014 Affirmed
Goble & Gerber v. State Fund
Majority by Laurie McKinnon · 4 to 2
t case. 12 claimant violated equal protection when the basis for the denial turned on the claimant’s age-based eligibility for social security benefits. Section 39-71-710, MCA, deemed “retired,” and therefore ineligible for workers’ compensation benefits, any disabled worker eligible for social security retirement benefits. We
2011 MT 162 Jul 11, 2011 Affirmed
Caldwell v. MACO Workers' Compensation Trust
Majority by Brian Morris · 5 to 2 with 2 concurring
elivered the Opinion of the Court. ¶1 MACo Workers’ Compensation Trust (MACo) appeals from a determination of the Workers’ Compensation Court (WCC) that § 39-71-710, MCA, violates the Equal Protection Clause found in Article II, Section 4, of the Montana Constitution. We affirm. ¶2 We review the following issue on appeal: ¶
2011 MT 162 Jul 11, 2011 Affirmed
Caldwell v. MACO Workers' Compensation Trust
Dissenting by Beth Baker · 5 to 2 with 2 concurring
ion, in order to target limited workers’ compensation resources toward those who are still considered of working age. We stated, With the statutory intent of § 39-71-710, MCA, in mind, it is rational for the workers’ compensation system to terminate [permanent total disability] benefits at a time when, statistically, most people?
Official Annotations archive.org, 1995 edition
History:
En. Sec. 1, Ch. 386, L. 1981
Amd. Sec. 27, Ch. 464, L. 1987
Amd. Sec. 14, Ch. 243, L. 1995
Amd. Sec. 13, Ch. 516, L. 1995
Source text on leg.mt.gov