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

Mont. Code Ann. § 39-71-518 (2026)

Setoffs Against Remaining Liability

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 5
  5. 39-71-518 Setoffs against remaining liability

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 5. Uninsured Employers

Setoffs Against Remaining Liability

39-71-518. Setoffs against remaining liability. Any actual monetary compensation received by judgment or settlement by the injured employee or the employee's beneficiaries under 39-71-509 or 39-71-515 may be offset by the uninsured employer against the employer's remaining liability under those sections.

History: En. Sec. 9, Ch. 601, L. 1985; amd. Sec. 1547, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1995–2009 · leading case: Clarke v. Massey, 897 P.2d 1085 (Mont. 1995).
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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.”
State Farm Fire & Cas. Co. v. Bush Hog, LLC, 2009 MT 349 (Mont. 2009). · cites it 3× “” Section 39-71-518, MCA. ¶20 Because the Legislature has already provided a mechanism for employers and their workers’ compensation insurers to recover from third parties4;he right to subrogation (a mechanism that excludes uninsured employers)-it would be inappropriate for this…”
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