Montana Code Annotated
Part 5. Uninsured Employers
39-71-511. Setoffs to claim against fund

39-71-511. Setoffs to claim against fund. A claim for benefits from the uninsured employers' fund must be discharged, finally or periodically, to the extent that an employee or the employee's beneficiaries receive actual monetary compensation by judgment or settlement from the uninsured employer, a third party who shares liability as defined in 39-71-412, or a fellow employee who shares liability as defined in 39-71-413.
History: En. Sec. 3, Ch. 601, L. 1985.

Structure Montana Code Annotated

Montana Code Annotated

Title 39. Labor

Chapter 71. Workers' Compensation

Part 5. Uninsured Employers

39-71-501. Definition of uninsured employer

39-71-502. Repealed

39-71-503. Uninsured employers' fund -- purpose and administration of fund -- maintaining balance for administrative costs -- appropriation

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

39-71-507. Department to order uninsured employer to cease operations -- noncompliance with order a misdemeanor -- coordination of remedies

39-71-508. Coordination of remedies -- limitation of liability of employee to third-party providers -- rights of third-party providers

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

39-71-519. Settlement

39-71-520. Time limit to appeal to mediation -- petitioning workers' compensation court -- failure to settle or petition

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

39-71-531. Repealed

39-71-532. Repealed

39-71-533. Repealed

39-71-534. Repealed

39-71-535. Collection of penalties, claim costs, late fees, and interest -- liability for payment of collection costs

39-71-536. through 39-71-540 reserved

39-71-541. Uninsured employer as party to benefits disputes -- indemnification by uninsured employer for benefits paid -- lien for payment -- levy and execution