Montana Code Annotated

Mont. Code Ann. § 39-71-1011 (2026)

Definitions

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 10. Stay-at-Work/Return-to-Work Assistance

Definitions

39-71-1011. Definitions. As used in this part, the following definitions apply:

(1) "Assistance fund" means the stay-at-work/return-to-work assistance fund provided for in 39-71-1049.

(2) "Commission on rehabilitation counselor 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 providers.

(3) "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.

(4) "Insurer's stay-at-work/return-to-work assistance policy" or "assistance policy" means a written stay-at-work/return-to-work policy that explains to the worker the process of evaluation, planning, implementation, and provision of services by the insurer prior to the determination that the worker meets the definition of a disabled worker. The services are intended to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. This assistance may include a rehabilitation plan.

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

(6) "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.

(7) "Rehabilitation provider" means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer.

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

(9) "Stay-at-work/return-to-work assistance" or "assistance" means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. This assistance may include a rehabilitation plan.

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; amd. Sec. 49, Ch. 130, L. 2005; amd. Sec. 15, Ch. 167, L. 2011.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1991–2022 · leading case: Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011).

Sort: Relevance Newest Treatment

Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). · cites it 12× “" Section 39-71-1011(4), MCA. ¶ 32 Critical differences exist among the entitlement schemes and purposes underlying rehabilitation benefits, permanent partial disability benefits, and permanent total disability benefits.”

Henry v. State Comp. Ins. Fund, 1999 MT 126 (Mont. 1999). · cites it 6× “Section 39-71-1011(4), MCA. “Rehabilitation services” is defined as: a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work.”

State Ex Rel. Cobbs v. Montana Dep't of Soc. & Rehab. Servs., 906 P.2d 204 (Mont. 1995). · cites it 6× “See § 39-71-1011(1), MCA (defining board of rehabilitation certification).”

Reeves v. Liberty Mut. Fire Ins., 911 P.2d 839 (Mont. 1996). · cites it 11× “Section 39-71-1011(4), MCA (1993), defines a "rehabilitation plan" as: an individualized plan to assist 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.”

Smart v. Montana Historical Soc'y, 918 P.2d 670 (Mont. 1996). · cites it 5× “Section 39-71-1011(7), MCA (1987) (Repealed).”

Tinker v. Montana State Fund, 2009 MT 218 (Mont. 2009). · cites it 3× “Section 39-71-1011(2), MCA (2005). *311 ¶19 With these provisions mind, the WCC concluded that: It is unclear from the legislative history exactly why the general definition of disability was moved from a stand-alone definition to a definition applying only to “secondary medical…”

Higginbotham v. Stoltze-Connor Lumber Co., 810 P.2d 295 (Mont. 1991). · cites it 2× “Under § 39-71-1011, MCA (1987), a disabled worker is defined as follows: “(2) ‘Disabled worker’ means one who has a medically determined restriction resulting from a work-related injury that precludes the worker from returning to the work the worker held at the time of the…”

Dilling v. Buttrey Foods, 825 P.2d 1193 (Mont. 1991). · cites it 6× “” Section 39-71-1011(7)(a), MCA (1987). The worker’s qualifications must be consistent with the worker’s age, education, vocational experience, and aptitude, and the job must be compatible with the worker’s physical capabilities and limitations.”

T. Barnhart v. State Fund, 2022 MT 250 (Mont. 2022). · cites it 2× “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 that precludes the worker from returning to the job the worker held at the time of the injury or…”

Quigg v. Montana State Fund, 2005 MT 267N (Mont. 2005). · cites it 2× “Section 39-71-1011(3), Quigg’s response repeatedly refers to rehabilitation “benefits” that he purportedly 1 should receive, pursuant to § 39-71-1006, MCA, although he argues that he is entitled to them pursuant to § 39-71-1014, MCA, which relates to rehabilitation services.”

Kelly v. State Comp. Insuran (Mont. 1992). · cites it 3× “Section 39-71-1011(7)(a), MCA (1987). After Kelly's 1987 injury, he failed to return to any of his prior employment situations.”

Bare v. Liberty Mut. Fire Ins., 1998 MT 106 (Mont. 1998). · cites it 3× “In his petition, Bare claims that he is a “disabled worker” which is defined as “one who has a medically determined restriction resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury.”

— Mont. Code Ann. § 39-71-1011(1) — 1 case

State Ex Rel. Cobbs v. Montana Dep't of Soc. & Rehab. Servs., 906 P.2d 204 (Mont. 1995). “See § 39-71-1011(1), MCA (defining board of rehabilitation certification).”

— Mont. Code Ann. § 39-71-1011(2) — 2 cases

Tinker v. Montana State Fund, 2009 MT 218 (Mont. 2009). “Section 39-71-1011(2), MCA (2005). *311 ¶19 With these provisions mind, the WCC concluded that: It is unclear from the legislative history exactly why the general definition of disability was moved from a stand-alone definition to a definition applying only to “secondary medical…”

Bare v. Liberty Mut. Fire Ins., 1998 MT 106 (Mont. 1998). “In his petition, Bare claims that he is a “disabled worker” which is defined as “one who has a medically determined restriction resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury.”

— Mont. Code Ann. § 39-71-1011(3) — 2 cases

T. Barnhart v. State Fund, 2022 MT 250 (Mont. 2022). “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 that precludes the worker from returning to the job the worker held at the time of the injury or…”

Quigg v. Montana State Fund, 2005 MT 267N (Mont. 2005). “Section 39-71-1011(3), Quigg’s response repeatedly refers to rehabilitation “benefits” that he purportedly 1 should receive, pursuant to § 39-71-1006, MCA, although he argues that he is entitled to them pursuant to § 39-71-1014, MCA, which relates to rehabilitation services.”

— Mont. Code Ann. § 39-71-1011(4) — 3 cases

Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). “" Section 39-71-1011(4), MCA. ¶ 32 Critical differences exist among the entitlement schemes and purposes underlying rehabilitation benefits, permanent partial disability benefits, and permanent total disability benefits.”

Henry v. State Comp. Ins. Fund, 1999 MT 126 (Mont. 1999). “Section 39-71-1011(4), MCA. “Rehabilitation services” is defined as: a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work.”

Reeves v. Liberty Mut. Fire Ins., 911 P.2d 839 (Mont. 1996). “Section 39-71-1011(4), MCA (1993), defines a "rehabilitation plan" as: an individualized plan to assist 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.”

— Mont. Code Ann. § 39-71-1011(5) — 2 cases

State Ex Rel. Cobbs v. Montana Dep't of Soc. & Rehab. Servs., 906 P.2d 204 (Mont. 1995). “See § 39-71-1011(1), MCA (defining board of rehabilitation certification).”

— Mont. Code Ann. § 39-71-1011(6) — 1 case

— Mont. Code Ann. § 39-71-1011(7) — 1 case

Smart v. Montana Historical Soc'y, 918 P.2d 670 (Mont. 1996). “Section 39-71-1011(7), MCA (1987) (Repealed).”

— Mont. Code Ann. § 39-71-1011(7)(a) — 2 cases

Dilling v. Buttrey Foods, 825 P.2d 1193 (Mont. 1991). “” Section 39-71-1011(7)(a), MCA (1987). The worker’s qualifications must be consistent with the worker’s age, education, vocational experience, and aptitude, and the job must be compatible with the worker’s physical capabilities and limitations.”

Kelly v. State Comp. Insuran (Mont. 1992). “Section 39-71-1011(7)(a), MCA (1987). After Kelly's 1987 injury, he failed to return to any of his prior employment situations.”

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