Table of Contents TITLE 39. LABOR CHAPTER 71. WORKERS' COMPENSATION Part 1. General Provisions
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1 39-71-101 39-71-102 39-71-103 21 39-71-105 39-71-106 5 39-71-107 20 39-71-116 3 39-71-117 5 39-71-118 6 39-71-119 6 39-71-123 39-71-124

Mont. Code Ann. § 39-71-119

(2011)

Injury and accident defined

(1) "Injury" or "injured" means:

(a) internal or external physical harm to the body that is established by objective medical findings;

(b) damage to prosthetic devices or appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids; or

(c) death.

(2) An injury is caused by an accident. An accident is:

(a) an unexpected traumatic incident or unusual strain;

(b) identifiable by time and place of occurrence;

(c) identifiable by member or part of the body affected; and

(d) caused by a specific event on a single day or during a single work shift.

(3) "Injury" or "injured" does not mean a physical or mental condition arising from:

(a) emotional or mental stress; or

(b) a nonphysical stimulus or activity.

(4) "Injury" or "injured" does not include a disease that is not caused by an accident.

(5) (a) A cardiovascular, pulmonary, respiratory, or other disease, cerebrovascular accident, or myocardial infarction suffered by a worker is an injury only if the accident is the primary cause of the physical condition in relation to other factors contributing to the physical condition.

(b) "Primary cause", as used in subsection (5)(a), means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.

Opinions construing this section

6 opinions
2023 MT 104 Jun 6, 2023 Affirmed
C. Bryer v. Accident Fund
Majority by James Jeremiah Shea · 5 to 0
t, Sheldon suffered a concussion with loss of consciousness. As a direct and primary effect of inhaling argon, i.e., more than 51% of the cause [as required by § 39-71-119(5)(b), MCA], Sheldon suffered other injuries, including: (1) cardiopulmonary arrest with ventricular fibrillation; (2) moderate spasm of his proximal right coronary arter
2012 MT 156 Jul 24, 2012 Affirmed
Ford v. Sentry Casualty Co
Majority by James C. Nelson · 5 to 0 with 2 concurring
d injury occurred, or that the claimed injury aggravated a preexisting condition, is not sufficient to establish liability. Section 39-71-407(2)(b), MCA. ¶37 Section 39-71-119, MCA, provides the controlling definitions with regard to the injury itself and the requisite causal connection. Burns v. Plum Creek Timber Co., 268 Mont. 82, 84,
2012 MT 67 Mar 20, 2012 Affirmed
Montana State Fund v. Grande
Majority by James C. Nelson · 4 to 0 with 1 concurring
o MSF’s interpretation, § 39-71-407(2)(a)(ii), MCA (2009), is not referring to an insurer’s liability for an occupational disease. Instead, by referencing § 39-71-119, MCA (2009) (which defines “injury” and “accident”), this subsection of the statute refers to liability for an injury. Section 39-71-119(4), MCA (2009), ex
2011 MT 45 Mar 16, 2011 Affirmed
Walters v. Flathead Concrete
Majority by Jim Rice · 5 to 2
ons omitted). ¶14 FCP argues that, unlike the claimant in Stratemeyer II, Tim suffered an injury which is covered and compensable as defined by the Act. See § 39-71-119(1), MCA (“‘Injury’ or ‘injured’ means: (a) internal or external physical harm to the body . . . (c) death.”). Unlike Stratemeyer, who could never be eligib
2008 MT 353 Oct 21, 2008 Affirmed
Richard A. Siebken v. Liberty Mutual
Majority by Jim Rice · 5 to 0
ce of occurrence; (c) identifiable by member or part of the body affected; and (d) caused by a specific event on a single day or during a single work shift.” Section 39-71-119(2), MCA. The WCC reasoned that “[w]hile the reports convey that [Siebken], with the assistance of his co-workers, used physical force to subdue and restrain a resist
Official Annotations archive.org, 2011 edition
History:
Ap. p. Sec. 6, Ch. 96, L. 1915
Re-en. Sec. 2870, R.C.M. 1921
Re-en. Sec. 2870, R.C.M. 1935
Amd. Sec. 6, Ch. 162, L. 1961
Amd. Sec. 6, Ch. 149, L. 1965
Amd. Sec. 1, Ch. 270, L. 1967
Amd. Sec. 1, Ch. 488, L. 1973
Sec. 92-418, R.C.M. 1947
Ap. p. Sec. 2, Ch. 488, L. 1973
Sec. 92-418.1, R.C.M. 1947
(3)En. Sec. 6, Ch. 96, L. 1915
Re-en. Sec. 2864, R.C.M. 1921
Re-en. Sec. 2864, R.C.M. 1935
Sec. 92-412, R.C.M. 1947
R.C.M. 1947, 92-412, 92-418, 92-418.1
Amd. Sec. 3, Ch. 464, L. 1987
Amd. Sec. 6, Ch. 243, L. 1995
Source text on leg.mt.gov