Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 6. Claims for Benefits
Montana Code Annotated

Mont. Code Ann. § 39-71-609 (2026)

Denial Of Claim After Payments Made Or Termination Of All Benefits Or Reduction To Partial Benefits By Insurer -- 14-Day Notice Required -- Criteria For Conversion Of Benefits -- Claimant Released To Full Duty

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 6
  5. 39-71-609 Denial of claim after payments made or termination of all benefits or reduction to partial benefits by insurer -- 14-day notice required -- criteria for conversion of benefits -- claimant released to full duty

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 6. Claims for Benefits

Denial Of Claim After Payments Made Or Termination Of All Benefits Or Reduction To Partial Benefits By Insurer -- 14-Day Notice Required -- Criteria For Conversion Of Benefits -- Claimant Released To Full Duty

39-71-609. Denial of claim after payments made or termination of all benefits or reduction to partial benefits by insurer -- 14-day notice required -- criteria for conversion of benefits -- claimant released to full duty. (1) Except as provided in subsections (2) and (3), if an insurer determines to deny a claim on which payments have been made under 39-71-608 during a time of further investigation or, after a claim has been accepted, terminates all biweekly compensation benefits, it may do so only after 14 days' written notice to the claimant, the claimant's authorized representative, if any, and the department. For injuries occurring prior to July 1, 1987, an insurer shall give 14 days' written notice to the claimant before reducing benefits from total to partial. However, if an insurer has knowledge that a claimant has returned to work, compensation benefits may be terminated as of the time the claimant returned to work.

(2) Temporary total disability benefits may be terminated on the date that the worker has been released to return to work in some capacity. Unless the claimant is found, at maximum healing, to be without a permanent physical impairment from the injury, the insurer, prior to converting temporary total disability benefits or temporary partial disability benefits to permanent partial disability benefits:

(a) must have a physician's determination that the claimant has reached medical stability;

(b) must have a physician's determination of the claimant's physical restrictions resulting from the industrial injury;

(c) must have a physician's determination, based on the physician's knowledge of the claimant's job analysis prepared by a rehabilitation provider, that the claimant can return to work, with or without restrictions, on the job on which the claimant was injured or on another job for which the claimant is suited by age, education, work experience, and physical condition;

(d) shall give notice to the claimant of the insurer's receipt of the report of the physician's determinations required pursuant to subsections (2)(a) through (2)(c). The notice must be attached to a copy of the report.

(3) Notwithstanding subsections (1) and (2), when a claimant is released to full duty prior to or on reaching maximum medical improvement, temporary total disability benefits may be terminated as of the time the claimant returned to work or after 14 days' written notice, whichever is earlier.

History: En. Sec. 1, Ch. 477, L. 1973; amd. Sec. 1, Ch. 173, L. 1974; R.C.M. 1947, 92-615(part); amd. Sec. 8, Ch. 103, L. 1979; amd. Sec. 5, Ch. 333, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 10, Ch. 243, L. 1995; amd. Sec. 1, Ch. 174, L. 2001; amd. Sec. 1, Ch. 112, L. 2025.

Notes of Decisions
Cited in 14 cases, 1979–2017 · leading case: State v. Sheehan, 2017 MT 185 (Mont. 2017).
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State v. Sheehan, 2017 MT 185 (Mont. 2017). · cites it 53× “Stanhope, and Dr. Righetti— among others—testified during the four-day jury trial.”
Catteyson v. Falls Mobile Home Ctr., Inc., 599 P.2d 341 (Mont. 1979). · cites it 18× “Section 39-71-609 MCA. The court further held that claimant suffered 10 percent permanent partial injury under section 39-71-116(12) MCA, entitling her to benefits pursuant to section 39-71-703 MCA.”
Chagnon v. Tilleman Ins. Co., 855 P.2d 1002 (Mont. 1993). · cites it 22× “After receiving medical information from two doctors indicating that Chagnon could return to work, Travelers terminated Chagnon's benefits on August 25, 1988, pursuant to § 39-71-609, MCA (1985). Chagnon petitioned for, and received, disability benefits for an additional 49 days…”
Wiard v. Liberty Nw. Ins. Corp., 2003 MT 295 (Mont. 2003). · cites it 4× “He notes that the Legislature recognized the significance of notice by enacting § 39-71-609, MCA (1991), which requires an insurer to give fourteen days written notice to claimants of the termination of compensation benefits.”
Spadaro v. Midland Claims Serv., Inc., 740 P.2d 1105 (Mont. 1987). · cites it 12× “Finally, Spadaro claims respondents violated Section 39-71-609, MCA, which requires an insurer to provide a claimant with written notice, fourteen days before termination of compensation benefits.”
Ness v. Anaconda Minerals Co., 929 P.2d 205 (Mont. 1996). · cites it 8× “Section 39-71-609, MCA, provides in part: if an insurer determines to deny a claim on which payments have been made under 39-71-608 during a time of further investigation or, after a claim has been accepted, terminates all biweekly compensation benefits, it may do so only after…”
Stevens v. State Comp. Mut. Ins. Fund, 886 P.2d 962 (Mont. 1994). · cites it 4× “On April 22, 1993, Stevens received a letter stating that his benefits would be terminated in 14 days, pursuant to § 39-71-609, MCA. On April 29, 1993, Stevens filed an emergency petition seeking a reinstatement of his benefits.”
Wilhelm v. Owens Enter., Inc., 790 P.2d 467 (Mont. 1990). · cites it 5× “The statute in effect at the time read: “If an insurer determines to deny a claim on which payments have been made under 39-71-608 during a time of further investigation or, after a claim has been accepted, terminates biweekly compensation benefits, it may do so only after 14…”
Garmann v. E.R. Fegert Co., 736 P.2d 123 (Mont. 1987). · cites it 3× “See Section 39-71-609, MCA. Here the insurance company had knowledge that claimant had returned to work as a mechanic.”
Martinez v. Montana Power Co., 779 P.2d 917 (Mont. 1989). · cites it 2× “MPC reduced these benefits without giving Martinez the benefit of proper written notice as required by § 39-71-609, MCA, and with no medical evidence that Martinez had reached maximum healing or was capable of gainful employment.”
Larson v. Cigna Ins., 915 P.2d 863 (Mont. 1996). · cites it 4× “When a claimant returns to work, he or she is no longer experiencing a loss in wages and, therefore, the insurer can rightfully terminate temporary total disability benefits without proceeding with an investigation under § 39-71-609, MCA (1979), which reads as follows: Denial of…”
Haag v. Montana Schs. Grp. Ins. Auth., 906 P.2d 693 (Mont. 1995). “Additionally, §§ 39-71-609 and 39-71-610, MCA, provide insurers with the means to subsequently deny liability for a claim after affirmatively accepting a claim under § 39-71-606(1), MCA, or beginning payments with a reservation of rights under § 39-71-608, MCA.”
Show all 14 citing cases →
Mont. Code Ann. § 39-71-609(1): 3 cases
State v. Sheehan, 2017 MT 185 (Mont. 2017). “Stanhope, and Dr. Righetti— among others—testified during the four-day jury trial.”
Ness v. Anaconda Minerals Co., 929 P.2d 205 (Mont. 1996). “Section 39-71-609, MCA, provides in part: if an insurer determines to deny a claim on which payments have been made under 39-71-608 during a time of further investigation or, after a claim has been accepted, terminates all biweekly compensation benefits, it may do so only after…”
Wallace v. Prof'l Farm Sys., 2000 MT 310 (Mont. 2000).
Mont. Code Ann. § 39-71-609(2): 1 case
State v. Sheehan, 2017 MT 185 (Mont. 2017). “Stanhope, and Dr. Righetti— among others—testified during the four-day jury trial.”
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