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

Mont. Code Ann. § 39-71-702 (2026)

Compensation For Permanent Total Disability

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 7
  5. 39-71-702 Compensation for permanent total disability

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 7. Compensation and Benefits Generally

Compensation For Permanent Total Disability

39-71-702. Compensation for permanent total disability. (1) If a worker is no longer temporarily totally disabled and is permanently totally disabled, as defined in 39-71-116, the worker is eligible for permanent total disability benefits. Permanent total disability benefits must be paid for the duration of the worker's permanent total disability, subject to 39-71-710.

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

(3) Weekly compensation benefits for an injury resulting in permanent 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.

(4) 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.

(5) A worker's benefit amount must be adjusted for a cost-of-living increase on the next July 1 after 104 weeks of permanent total disability benefits have been paid and on each succeeding July 1. The adjustment must be the percentage increase, if any, in the state's average weekly wage as adopted by the department over the state's average weekly wage adopted for the previous year.

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

(7) 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.

History: En. 92-702.1 by Sec. 1, Ch. 202, L. 1973; amd. Sec. 1, Ch. 272, L. 1974; R.C.M. 1947, 92-702.1; amd. Sec. 6, Ch. 21, L. 1981; amd. Sec. 22, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 5, Ch. 9, Sp. L. June 1989; amd. Sec. 3, Ch. 574, L. 1991; amd. Sec. 6, Ch. 296, L. 1993; amd. Sec. 27, Ch. 619, L. 1993; amd. Sec. 12, Ch. 243, L. 1995; amd. Sec. 1, Ch. 138, L. 2003.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1980–2022 · leading case: McClanathan v. Smith, 606 P.2d 507 (Mont. 1980).
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McClanathan v. Smith, 606 P.2d 507 (Mont. 1980). · cites it 15× “1, RCM (1947) has since been amended (now section 39-71-702, MCA) to provide that benefits received under the state Act shall be reduced by 50 percent of the benefits received under the Social Security Act.”
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162, 256 P.3d 923. · cites it 10× “Satterlee, ¶ 23; § 39-71-702, MCA. The court focused on the fact that permanent total disability benefits did not "terminate after a limited number of weeks," but assisted "the worker over the course of his or her work life.”
Trusty v. Consol. Freightways, 681 P.2d 1085 (Mont. 1984). · cites it 12× “The 50% offset provision contained in Section 39-71-702, MCA, enacted after the accident cannot be retroactively applied.”
Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). · cites it 8× “See also § 39-71-702(6), MCA (1987) (permanent total disability), and § 39-71-703(3), MCA (1987) (permanent partial disability).”
Watson v. Seekins, 763 P.2d 328 (Mont. 1988). · cites it 26× “Montana has taken advantage of the federal provision by enacting § 39-71-702(4), MCA, which provides for an offset of the weekly compensation benefits by an amount equal to one-half of the federal periodic benefits for such week. If we assume that the weekly wages that Watson…”
Hartfield v. City of Billings, 805 P.2d 1293 (Mont. 1990). · cites it 6× “Section 39-71-702(1), MCA (1979). Hartfield claimed that he had asked Tindall about receiving benefits beyond retirement age and that Tindall informed him that benefits ceased at age 65.”
Rausch v. State Comp. Ins. Fund, 2005 MT 140, 114 P.3d 192. · cites it 8× “They contend that had the Legislature intended to preclude PTD claimants from receiving an impairment award, it would have included language to that effect within § 39-71-702, MCA, which addresses PTD benefits.”
Lockhart v. New Hampshire Ins., 1999 MT 205, 984 P.2d 744. · cites it 4× “Before determining whether a penalty could be assessed, we first concluded that medical benefits were included in the term "compensation benefits" as used in the penalty statute codified at § 39-71-702, MCA (1979). After reviewing various statutory provisions, we held that:…”
Willoughby v. Arthur G. McKee & Co., 609 P.2d 700 (Mont. 1980). · cites it 3× “Pursuant to section 39-71-702, MCA, the carrier reduced claimant’s workers’ compensation benefits by one-half of the benefits received under the Social Security *255 Act.”
Stanley Structures v. Scribner, 833 P.2d 166 (Mont. 1992). · cites it 8× “Did the Workersf Compensation Court err in denying Scribner's request for an additional lump sum advance to implement a debt management plan? I. From the time of his injury until April 2, 1984, Scribner received full workerst compensation benefits and social security disability…”
Murer v. Montana State Comp. Mut. Ins. Fund, 849 P.2d 1036 (Mont. 1993). · cites it 2× “§ 39-71-702(6), MCA; § 39-71-703(3), MCA; § 39-71-721(8), MCA; and § 39-71-1024(3), MCA (1987).”
EBI/Orion Grp. v. Blythe, 931 P.2d 38 (Mont. 1997). · cites it 2× “Faust is not a medical doctor, his testimony is not “medical” evidence under § 39-71-702(2), MCA(1987). Blythe cites KLoepfer for the proposition that the Workers’ Compensation Court is only to resolve conflicts in “medical” testimony.”
Show all 23 citing cases →
Mont. Code Ann. § 39-71-702(1): 3 cases
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162, 256 P.3d 923. “Satterlee, ¶ 23; § 39-71-702, MCA. The court focused on the fact that permanent total disability benefits did not "terminate after a limited number of weeks," but assisted "the worker over the course of his or her work life.”
Hartfield v. City of Billings, 805 P.2d 1293 (Mont. 1990). “Section 39-71-702(1), MCA (1979). Hartfield claimed that he had asked Tindall about receiving benefits beyond retirement age and that Tindall informed him that benefits ceased at age 65.”
Rausch v. State Comp. Ins. Fund, 2005 MT 140, 114 P.3d 192. “They contend that had the Legislature intended to preclude PTD claimants from receiving an impairment award, it would have included language to that effect within § 39-71-702, MCA, which addresses PTD benefits.”
Mont. Code Ann. § 39-71-702(2): 5 cases
Trusty v. Consol. Freightways, 681 P.2d 1085 (Mont. 1984). “The 50% offset provision contained in Section 39-71-702, MCA, enacted after the accident cannot be retroactively applied.”
Watson v. Seekins, 763 P.2d 328 (Mont. 1988). “Montana has taken advantage of the federal provision by enacting § 39-71-702(4), MCA, which provides for an offset of the weekly compensation benefits by an amount equal to one-half of the federal periodic benefits for such week. If we assume that the weekly wages that Watson…”
Stanley Structures v. Scribner, 833 P.2d 166 (Mont. 1992). “Did the Workersf Compensation Court err in denying Scribner's request for an additional lump sum advance to implement a debt management plan? I. From the time of his injury until April 2, 1984, Scribner received full workerst compensation benefits and social security disability…”
EBI/Orion Grp. v. Blythe, 931 P.2d 38 (Mont. 1997). “Faust is not a medical doctor, his testimony is not “medical” evidence under § 39-71-702(2), MCA(1987). Blythe cites KLoepfer for the proposition that the Workers’ Compensation Court is only to resolve conflicts in “medical” testimony.”
Killoy v. Reliance Nat'l Indem., 923 P.2d 531 (Mont. 1996).
Mont. Code Ann. § 39-71-702(4): 3 cases
Watson v. Seekins, 763 P.2d 328 (Mont. 1988). “Montana has taken advantage of the federal provision by enacting § 39-71-702(4), MCA, which provides for an offset of the weekly compensation benefits by an amount equal to one-half of the federal periodic benefits for such week. If we assume that the weekly wages that Watson…”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368, 222 P.3d 566.
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368, 222 P.3d 566.
Mont. Code Ann. § 39-71-702(6): 3 cases
Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “See also § 39-71-702(6), MCA (1987) (permanent total disability), and § 39-71-703(3), MCA (1987) (permanent partial disability).”
Murer v. Montana State Comp. Mut. Ins. Fund, 849 P.2d 1036 (Mont. 1993). “§ 39-71-702(6), MCA; § 39-71-703(3), MCA; § 39-71-721(8), MCA; and § 39-71-1024(3), MCA (1987).”
Murer v. State Comp. Mut. Ins. Fund, 885 P.2d 428 (Mont. 1994).
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