39-71-2907. Renumbered 3-9-112. Sec. 8, Ch. 688, L. 2025.
Montana Code Annotated
Mont. Code Ann. § 39-71-2907 (2026)
Renumbered 3-9-112
✓ current as of May 2026
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TITLE 39. LABOR
CHAPTER 71. WORKERS' COMPENSATION
Part 29. Workers' Compensation Judge(Renumbered and Repealed)
Renumbered 3-9-112
Notes of Decisions
Cited in 95
cases (1 in the last 5 years), 1979–2025 · leading case: Carlson v. Cain, 700 P.2d 607 (Mont. 1985).
Carlson v. Cain, 700 P.2d 607 (Mont. 1985). “The terms “compensation” and “compensation benefits” as used in section 39-71-2907, MCA, include medical benefits so as to entitle Carlson to the 20 percent penalty for unreasonable delay in payment of medical benefits.”
Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “Did the Workers' Compensation Court err when it determined that the State Fund's failure to increase Mordja's impairment award was unreasonable and, on that basis, assessed a penalty pursuant to § 39-71-2907, MCA? FACTUAL BACKGROUND In 1987, the Montana Legislature enacted the…”
Lovell v. State Comp. Mut. Ins. Fund, 860 P.2d 95 (Mont. 1993). “The Workers' Compensation Court, therefore, assessed a twenty percent penalty, pursuant to § 39-71-2907, MCA (1987), on the amount of reimbursement due for the withheld mileage and the erroneous Social Security offset.”
Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995). “The legislature’s inclusion of the straightforward penalty provision in the Workers’ Compensation Act clearly reflects its intent to permit the Workers’ Compensation Court to assess a penalty against an insurer in disputes under Title 39, chapter 71, MCA; the legislature’s…”
Solheim v. Tom Davis Ranch, 677 P.2d 1034 (Mont. 1984). “We therefore consider the penalty provision of section 39-71-2907, MCA which in pertinent part provides for an increase of award because of a delay in payment: " When payment of compensation has been unreasonably delayed or refused by an insurer, either prior or subsequent to…”
S.L.H. v. State Comp. Mut. Ins. Fund, 2000 MT 362 (Mont. 2000). “¶49 Pursuant to § 39-71-2907, MCA, the judge may increase by twenty percent, the benefits due a claimant during a period of delay or refusal to pay when: *377 (a) the insurer agrees to pay benefits but unreasonably delays or refuses to make the agreed-upon payments to the…”
Thompson v. Cigna, 2000 MT 306 (Mont. 2000). “¶1 Gregg Thompson appeals a decision of the Workers' Compensation Court declining to assess a 20% penalty against CIGNA for unreasonably delaying payment to Thompson pursuant to § 39-71-2907, MCA (1981). We affirm. ¶2 Thompson raises the following issue on appeal: ¶3 Whether the…”
Holton v. F.H. Stoltze Land & Lumber Co., 637 P.2d 10 (Mont. 1981). “PENALTY The third issue presented for review is whether the facts of *268 this case warrant a 20% penalty for unreasonable delay as provided by section 39-71-2907, MCA. We hold that a penalty is justified.”
Stordalen v. Ricci's Food Farm, 862 P.2d 393 (Mont. 1993). “This is an appeal from a decision of the Workers’ Compensation Court denying appellant Sheila Stordalen a penalty pursuant to § 39-71-2907, MCA, and denying her attorney fees pursuant to § 39-71-612, MCA, after the Workers’ Compensation Court found that respondent State…”
Marcott v. Louisiana Pac. Corp., 911 P.2d 1129 (Mont. 1996). “DISCUSSION In addition to substantive workers' compensation benefits, the Act authorizes a 20% increase in the full amount of benefits, and an award of attorney fees, when an insurer denies liability for a claim later adjudged compensable and the Workers' Compensation Court…”
Narum v. Liberty Nw. Ins. Corp., 2009 MT 127 (Mont. 2009). “¶ 1 Liberty Northwest Insurance Corporation (Liberty) appeals from a decision of the Workers' Compensation Court (WCC) holding that Liberty is liable to claimant Jerry Narum (Narum) for medical and hospital benefits related to the treatment of his left hip, and granting him an…”
Trusty v. Consol. Freightways, 681 P.2d 1085 (Mont. 1984). “Appellant raises four issues for appeal: (1) Did the court err in permitting the respondent to use a 50% offset rate against appellant's benefits from his Social Security benefits? (2) Did the court err in permitting respondent to include appellant's auxiliaries in the offset…”
— Mont. Code Ann. § 39-71-2907(1) — 5 cases
Stordalen v. Ricci's Food Farm, 862 P.2d 393 (Mont. 1993). “This is an appeal from a decision of the Workers’ Compensation Court denying appellant Sheila Stordalen a penalty pursuant to § 39-71-2907, MCA, and denying her attorney fees pursuant to § 39-71-612, MCA, after the Workers’ Compensation Court found that respondent State…”
Williams v. Plum Creek Timber Co., 891 P.2d 502 (Mont. 1995).
David v. State Comp. Mut. Ins. Fund, 884 P.2d 778 (Mont. 1994).
Chapman v. Rsch. Cottrell, 856 P.2d 234 (Mont. 1993).
Satterlee v. Lumbermen's Mut. Cas. Co., 929 P.2d 212 (Mont. 1996).
— Mont. Code Ann. § 39-71-2907(2) — 1 case
Quick v. Montana State Fund, 2009 MT 162 (Mont. 2009).
— Mont. Code Ann. § 39-71-2907(l)(b) — 2 cases
Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995). “The legislature’s inclusion of the straightforward penalty provision in the Workers’ Compensation Act clearly reflects its intent to permit the Workers’ Compensation Court to assess a penalty against an insurer in disputes under Title 39, chapter 71, MCA; the legislature’s…”
Haag v. Montana Schs. Grp. Ins. Auth., 906 P.2d 693 (Mont. 1995).
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