Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 5. Uninsured Employers
Montana Code Annotated

Mont. Code Ann. § 39-71-511 (2026)

Setoffs To Claim Against Fund

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 5
  5. 39-71-511 Setoffs to claim against fund

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 5. Uninsured Employers

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.

Notes of Decisions
Cited in 4 cases, 1995–2011 · leading case: Thayer v. Uninsured Employers' Fund, 1999 MT 304 (Mont. 1999).
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Thayer v. Uninsured Employers' Fund, 1999 MT 304 (Mont. 1999). · cites it 47× “¶ 1 Phyllis Thayer filed a petition in the Montana Workers’ Compensation Court in which she alleged that the Uninsured Employers’ Fund wrongfully terminated payment of her survivor benefits pursuant to § 39-71-511, MCA. The Workers’ Compensation Court concluded that the…”
Shattuck v. Kalispell Reg'l Med. Ctr., Inc., 2011 MT 229 (Mont. 2011). · cites it 8× “The setoff provisions contained in § 39-71-511, MCA, are uniquely necessary to assure some payment to as many uninsured employees as possible.”
Clarke v. Massey, 897 P.2d 1085 (Mont. 1995). · cites it 2× “The District Court awarded Clarke damages against Massey for lost wages and medical expenses (subject to the § 39-71-518, MCA, offset and the § 39-71-511, MCA, reimbursement obligation for benefits paid) and for attorney fees and costs in the District Court action.”
Olson v. Daughenbaugh, 2001 MT 284 (Mont. 2001). · cites it 2× “Subsequently, the UEF discontinued payment of her death benefits under § 39-71-511, MCA, a setoff provision requiring a claimant to discharge her remaining claims against the UEF if she receives such a settlement.”
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