39-71-510. Limitation on benefit entitlement under fund. (1) Notwithstanding the provisions of 39-71-407, 39-71-503, and subsection (2) of this section, injured employees or an employee's beneficiaries who pursue a claim for benefits from the uninsured employers' fund are not granted an entitlement by this state for full workers' compensation benefits from the fund. Benefits from the fund must be paid in accordance with the money in the fund. If the department determines at any time that the money in the fund is not adequate to fully pay all claims, the department may make appropriate proportionate reductions in benefits to all claimants. The reductions do not entitle claimants to retroactive reimbursements in the future.
(2) The maximum medical benefits entitlement for any single claim against the fund is limited to an aggregate amount of $100,000.
History: En. 92-213 by Sec. 5, Ch. 550, L. 1977; R.C.M. 1947, 92-213(2); amd. Sec. 64, Ch. 397, L. 1979; amd. Sec. 4, Ch. 601, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 9, Ch. 377, L. 1999; amd. Sec. 6, Ch. 48, L. 2007.
Structure Montana Code Annotated
Chapter 71. Workers' Compensation
39-71-501. Definition of uninsured employer
39-71-504. Funding of fund -- option for agreement between department and injured employee
39-71-505. Applicability of other provisions of chapter to fund
39-71-506. Lien for payment of unpaid penalties, fees, and interest -- levy and execution
39-71-509. Action against uninsured employer -- limitation of employer's defenses
39-71-510. Limitation on benefit entitlement under fund
39-71-511. Setoffs to claim against fund
39-71-512. through 39-71-514 reserved
39-71-515. Independent cause of action
39-71-516. District court venue and jurisdiction for independent cause of action
39-71-517. Requirement to serve papers
39-71-518. Setoffs against remaining liability
39-71-521. Burden of proof -- insurance coverage
39-71-522. Inspection of construction sites -- public policy -- penalty
39-71-523. and 39-71-524 reserved
39-71-525. Confidentiality of records -- exception for use by public employees
39-71-526. through 39-71-530 reserved