Mont. Code Ann. § 39-71-1011

(1997)

Definitions

As used in this chapter, the following definitions apply:

(1) "Board of rehabilitation certification" means the nonprofit, independent, fee-structured organization that is a member of the national commission for health certifying agencies and that is established to certify rehabilitation practitioners.

(2) "Disabled worker" means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury.

(3) "Rehabilitation benefits" means benefits provided in 39-71-1006 and 39-71-1025.

(4) "Rehabilitation plan" means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss.

(5) "Rehabilitation provider" means a rehabilitation counselor certified by the board for rehabilitation certification and designated by the insurer.

(6) "Rehabilitation services" means a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work.

Opinions construing this section

3 opinions
2022 MT 250 Dec 27, 2022 Reversed
T. Barnhart v. State Fund
Majority by James Jeremiah Shea · 6 to 0
d to a wage loss or impairment in the ability to earn wages through employment.” Tinker v. Mont. State Fund, 2009 MT 218, ¶ 32, 351 Mont. 305, 211 P.3d 194; § 39-71-1011(3), MCA (defining “disabled worker” as “a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury
2011 MT 162 Jul 11, 2011 Affirmed
Caldwell v. MACO Workers' Compensation Trust
Majority by Brian Morris · 5 to 2 with 2 concurring
bilitation plan that assists the worker “in acquiring skills or aptitudes to return to work” and “reasonably reduce[] the worker’s actual wage loss.” Section 39-71-1011(4), MCA. ¶32 Critical differences exist among the entitlement schemes and purposes underlying rehabilitation benefits, permanent partial disability benefits, and pe
2011 MT 162 Jul 11, 2011 Affirmed
Caldwell v. MACO Workers' Compensation Trust
Dissenting by Beth Baker · 5 to 2 with 2 concurring
ucing overall wage loss. The law specifically defines a vocational rehabilitation plan as a plan that “reasonably reduces the worker’s actual wage loss.” Section 39-71-1011(4), MCA. 25 ¶66 In drawing a parallel between the temporary availability of vocational rehabilitation benefits and the permanent partial disability benefits at
2009 MT 218 Jun 24, 2009 Affirmed
Tinker v. Montana State Fund
Majority by Patricia Cotter · 5 to 0
to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury. Section 39-71-1011(2), MCA (2005). ¶19 With these provisions mind, the WCC concluded that: It is unclear from the legislative history exactly why the general definition of disability w
Official Annotations archive.org, 1997 edition
History:
En. Sec. 34, Ch. 464, L. 1987
Amd. Sec. 2, Ch. 333, L. 1989
Amd. Sec. 64, Ch. 613, L. 1989
Amd. Sec. 8, Ch. 574, L. 1991
Amd. Sec. 22, Ch. 243, L. 1995
Amd. Sec. 108, Ch. 546, L. 1995
Amd. Sec. 4, Ch. 122, L. 1997