Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 7. Compensation and Benefits Generally
Montana Code Annotated

Mont. Code Ann. § 39-71-701 (2026)

Compensation For Temporary Total Disability -- Exception

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 7
  5. 39-71-701 Compensation for temporary total disability -- exception

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 7. Compensation and Benefits Generally

Compensation For Temporary Total Disability -- Exception

39-71-701. Compensation for temporary total disability -- exception. (1) Subject to the limitation in 39-71-736 and subsection (4) of this section, a worker is eligible for temporary total disability benefits:

(a) when the worker suffers a total loss of wages as a result of an injury and until the worker reaches maximum healing; or

(b) until the worker has been released to return to the employment in which the worker was engaged at the time of the injury or to employment with similar physical requirements.

(2) The determination of temporary total disability must be supported by a preponderance of objective medical findings.

(3) Weekly compensation benefits for injury producing temporary total disability are 66 2/3% of the wages received at the time of the injury. The maximum weekly compensation benefits may not exceed the state's average weekly wage at the time of injury. Temporary total disability benefits must be paid for the duration of the worker's temporary disability. The weekly benefit amount may not be adjusted for cost of living as provided in 39-71-702(5).

(4) If the treating physician releases a worker to return to the same, a modified, or an alternative position that the individual is able and qualified to perform with the same employer at an equivalent or higher wage than the individual received at the time of injury, the worker is no longer eligible for temporary total disability benefits even though the worker has not reached maximum healing. A worker requalifies for temporary total disability benefits if the modified or alternative position is no longer available to the worker for any reason except for the worker's incarceration as provided for in 39-71-744, resignation, or termination for disciplinary reasons caused by a violation of the employer's policies that provide for termination of employment and if the worker continues to be temporarily totally disabled, as defined in 39-71-116.

(5) In cases in which it is determined that periodic disability benefits granted by the Social Security Act are payable because of the injury, the weekly benefits payable under this section are reduced, but not below zero, by an amount equal, as nearly as practical, to one-half the federal periodic benefits for the week, which amount is to be calculated from the date of the disability social security entitlement.

(6) If the claimant is awarded social security benefits, the insurer may, upon notification of the claimant's receipt of social security benefits, suspend biweekly compensation benefits for a period sufficient to recover any resulting overpayment of benefits. This subsection does not prevent a claimant and insurer from agreeing to a repayment plan.

(7) A worker may not receive both wages and temporary total disability benefits without the written consent of the insurer. A worker who receives both wages and temporary total disability benefits without written consent of the insurer is guilty of theft and may be prosecuted under 45-6-301.

History: En. 92-701.1 by Sec. 1, Ch. 471, L. 1973; R.C.M. 1947, 92-701.1; amd. Sec. 5, Ch. 21, L. 1981; amd. Sec. 21, Ch. 464, L. 1987; amd. Sec. 4, Ch. 9, Sp. L. June 1989; amd. Sec. 1, Ch. 52, L. 1991; amd. Sec. 5, Ch. 296, L. 1993; amd. Sec. 25, Ch. 619, L. 1993; amd. Sec. 11, Ch. 243, L. 1995; amd. Sec. 1, Ch. 121, L. 2001.

Notes of Decisions
Cited in 47 cases (2 in the last 5 years), 1979–2025 · leading case: Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997).
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Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). · cites it 32× “We reasoned as follows: Appellants argue, and we agree, that subsection (5) of § 39-71-701, MCA, for the years 1987 and 1989, was a temporary, time-specific limitation and that when the limitation expired, the claimants should then have been paid maximum benefit rates not to…”
Kirk White v. State Fund, 2013 MT 187 (Mont. 2013). · cites it 12× “See §§ 39-71-701(7), MCA (a worker “may not receive both 1 White does not contest the District’s dismissal of his abuse of process claim.”
Lovell v. State Comp. Mut. Ins. Fund, 860 P.2d 95 (Mont. 1993). · cites it 14× “Although Lovell received Social Security benefits due to his alcoholism, the claims examiner from the State Fund assumed the benefits were for his knee injury, and applied the Social Security offset pursuant to § 39-71-701(4), MCA (1987). Lovell submitted travel expense vouchers…”
Flynn v. State Comp. Ins. Fund, 2002 MT 279 (Mont. 2002). · cites it 14× “To the extent it declined to apply the common fund doctrine, the judgment of the Workers' Compensation Court is reversed. ISSUE 2 ¶ 19 Was the State Fund entitled to reduce Flynn's workers' compensation benefits to recover overpaid benefits? ¶ 20 In 1993 the Legislature amended…”
Denend v. Bradford Roofing & Insulation, 710 P.2d 61 (Mont. 1985). · cites it 11× “Under Section 39-71-701, MCA, a temporarily totally disabled employee receives Workers’ Compensation benefits which are “.”
Murer v. State Comp. Mut. Ins. Fund, 885 P.2d 428 (Mont. 1994). · cites it 36× “Appellants’ maximum benefit rate of $299 per week was computed pursuant to § 39-71-701, MCA (1987) and (1989) which provided, in pertinent part: (3) Weekly compensation benefits for injury producing temporary total disability shall be 66 2/3% of the wages received at the time of…”
Ford v. Sentry Cas. Co., 2012 MT 156 (Mont. 2012). · cites it 18× “Section 39-71-701(1), MCA. The determination of temporary total disability must be supported by a preponderance of objective medical findings.”
State v. Sheehan, 2017 MT 185 (Mont. 2017). · cites it 4× “In order to be eligible for TTD benefits in the first place, Sheehan points out, he had to meet the requirements of § 39-71-701, MCA. Once he qualified for TTD benefits, Sheehan contends, he was authorized to receive those benefits until the State Fund complied with the…”
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). · cites it 2× “Sections 39-71-704, -708, -725, MCA. The elimination of rehabilitation benefits cannot be understood as serving, or even relating to, the governmental interest in creating a wage-replacement system that bears a reasonable relationship to actual wages lost.”
Catteyson v. Falls Mobile Home Ctr., Inc., 599 P.2d 341 (Mont. 1979). · cites it 3× “The Workers’ Compensation Court by its judgment decided that claimant was entitled to temporary total disability payments under section 39-71-701 MCA, from November 20, 1974, to October 27, 1976, and temporary total payments from October 28, 1976, to March 3, 1977, for the…”
Stuber v. Moodie Implement, 769 P.2d 1205 (Mont. 1989). · cites it 8× “The instant case, on the other hand, involved the computation of temporary total disability benefits under § 39-71-701, MCA (1983). We have previously stated that the issue of earning capacity involved in a determination of partial disability is not the same as the issue of…”
In Re the Marriage of Sullivan, 853 P.2d 1194 (Mont. 1993). · cites it 2× “Gordon assigns error to the court’s use of these figures to determine gross income because they are, according to Gordon, a replacement of a stream of income.”
Show all 47 citing cases →
— Mont. Code Ann. § 39-71-701(1) — 8 cases
Ford v. Sentry Cas. Co., 2012 MT 156 (Mont. 2012). “Section 39-71-701(1), MCA. The determination of temporary total disability must be supported by a preponderance of objective medical findings.”
Gee v. Cartwheel Restaurant, 642 P.2d 1070 (Mont. 1982).
Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005).
Tinker v. Montana State Fund, 2009 MT 218 (Mont. 2009).
Harmon v. Harmon, 716 P.2d 605 (Mont. 1986).
— Mont. Code Ann. § 39-71-701(1)(a) — 1 case
Perea v. Amtrust Ins., 2025 MT 130 (Mont. 2025).
— Mont. Code Ann. § 39-71-701(2) — 5 cases
Ford v. Sentry Cas. Co., 2012 MT 156 (Mont. 2012). “Section 39-71-701(1), MCA. The determination of temporary total disability must be supported by a preponderance of objective medical findings.”
Stahl v. Ramsey Constr. Co., 811 P.2d 546 (Mont. 1991).
Belton v. Carlson Transp., 714 P.2d 148 (Mont. 1986).
Wilson v. Sun River Cattle Co., 670 P.2d 931 (Mont. 1983).
Broeker v. Great Falls Coca-Cola Bottling Co., 914 P.2d 967 (Mont. 1996).
— Mont. Code Ann. § 39-71-701(3) — 7 cases
Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “We reasoned as follows: Appellants argue, and we agree, that subsection (5) of § 39-71-701, MCA, for the years 1987 and 1989, was a temporary, time-specific limitation and that when the limitation expired, the claimants should then have been paid maximum benefit rates not to…”
Murer v. State Comp. Mut. Ins. Fund, 885 P.2d 428 (Mont. 1994). “Appellants’ maximum benefit rate of $299 per week was computed pursuant to § 39-71-701, MCA (1987) and (1989) which provided, in pertinent part: (3) Weekly compensation benefits for injury producing temporary total disability shall be 66 2/3% of the wages received at the time of…”
Dunnington v. State Comp. Ins. Fund, 2000 MT 349 (Mont. 2000).
Deshner v. Town & Country Foods, Inc., 880 P.2d 1300 (Mont. 1994).
Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005).
— Mont. Code Ann. § 39-71-701(4) — 3 cases
Lovell v. State Comp. Mut. Ins. Fund, 860 P.2d 95 (Mont. 1993). “Although Lovell received Social Security benefits due to his alcoholism, the claims examiner from the State Fund assumed the benefits were for his knee injury, and applied the Social Security offset pursuant to § 39-71-701(4), MCA (1987). Lovell submitted travel expense vouchers…”
Garcia v. State Comp. Mut. Ins. Fund, 832 P.2d 770 (Mont. 1992).
Ingbretson v. Louisiana-Pac. Corp., 900 P.2d 912 (Mont. 1995).
— Mont. Code Ann. § 39-71-701(5) — 6 cases
Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “We reasoned as follows: Appellants argue, and we agree, that subsection (5) of § 39-71-701, MCA, for the years 1987 and 1989, was a temporary, time-specific limitation and that when the limitation expired, the claimants should then have been paid maximum benefit rates not to…”
Flynn v. State Comp. Ins. Fund, 2002 MT 279 (Mont. 2002). “To the extent it declined to apply the common fund doctrine, the judgment of the Workers' Compensation Court is reversed. ISSUE 2 ¶ 19 Was the State Fund entitled to reduce Flynn's workers' compensation benefits to recover overpaid benefits? ¶ 20 In 1993 the Legislature amended…”
Murer v. Montana State Comp. Mut. Ins. Fund, 849 P.2d 1036 (Mont. 1993).
Murer v. State Comp. Mut. Ins. Fund, 885 P.2d 428 (Mont. 1994). “Appellants’ maximum benefit rate of $299 per week was computed pursuant to § 39-71-701, MCA (1987) and (1989) which provided, in pertinent part: (3) Weekly compensation benefits for injury producing temporary total disability shall be 66 2/3% of the wages received at the time of…”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009).
— Mont. Code Ann. § 39-71-701(7) — 2 cases
Kirk White v. State Fund, 2013 MT 187 (Mont. 2013). “See §§ 39-71-701(7), MCA (a worker “may not receive both 1 White does not contest the District’s dismissal of his abuse of process claim.”
Montana Mun. Ins. Auth. v. Roche, 2009 MT 205 (Mont. 2009).
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