39-71-907. Certified person with a disability to be compensated for injury as provided by chapter -- insurer liability for compensation limited. (1) A person certified as having a physical or mental disability that constitutes or results in a substantial impediment to employment who receives an injury, as defined in 39-71-119, that results in death or disability must be paid compensation in the manner and to the extent provided in this chapter or, in case of death resulting from the injury, the compensation must be paid to the person's beneficiaries or dependents. The liability of the insurer for payment of medical and burial benefits as provided in this chapter is limited to those benefits arising from services rendered during the period of 104 weeks after the date of injury. The liability of the insurer for payment of benefits as provided in this chapter is limited to 104 weeks of compensation benefits actually paid. Thereafter, all compensation and the cost of all medical care and burial are the liability of the fund.
(2) The liability of the fund for reimbursement under this section is limited to the amount currently in the fund at the time the reimbursement request is received by the fund and the amount collectible in the next assessment period pursuant to 39-71-915.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(5); amd. Sec. 76, Ch. 397, L. 1979; amd. Sec. 1, Ch. 213, L. 1987; amd. Sec. 9, Ch. 555, L. 1993; amd. Sec. 5, Ch. 284, L. 1997; amd. Sec. 45, Ch. 472, L. 1997; amd. Sec. 20, Ch. 389, L. 1999; amd. Sec. 7, Ch. 48, L. 2007.
Structure Montana Code Annotated
Chapter 71. Workers' Compensation
Part 9. Subsequent Injury Received by Vocationally Handicapped
39-71-904. Rules for certification
39-71-905. Certification as person with disability -- eligibility for benefits under fund
39-71-908. Notification of fund of its potential liability under part -- review by fund
39-71-911. Obligation to make payments on behalf of fund not independent liability
39-71-912. Reimbursement to be promptly made
39-71-915. Assessment of insurer -- employers -- definition -- collection
39-71-916. Reimbursement of subsequent injury fund -- effect on claims experience rating