Montana Code Annotated

Mont. Code Ann. § 39-71-703 (2026)

Compensation For Permanent Partial Disability

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 7. Compensation and Benefits Generally

Compensation For Permanent Partial Disability

39-71-703. Compensation for permanent partial disability. (1) If an injured worker suffers a permanent partial disability and is no longer entitled to temporary total or permanent total disability benefits, the worker is entitled to a permanent partial disability award if that worker:

(a) has an actual wage loss as a result of the injury; and

(b) has a permanent impairment rating as determined by the sixth edition of the American medical association Guides to the Evaluation of Permanent Impairment for the ratable condition. The ratable condition must be a direct result of the compensable injury or occupational disease that:

(i) is not based exclusively on complaints of pain;

(ii) is established by objective medical findings; and

(iii) is more than zero.

(2) When a worker receives a Class 2 or greater class of impairment as converted to the whole person, as determined by the sixth edition of the American medical association Guides to the Evaluation of Permanent Impairment for the ratable condition, and has no actual wage loss as a result of the compensable injury or occupational disease, the worker is eligible to receive payment for an impairment award only.

(3) The permanent partial disability award must be arrived at by multiplying the percentage arrived at through the calculation provided in subsection (5) by 400 weeks.

(4) A permanent partial disability award granted an injured worker may not exceed a permanent partial disability rating of 100%.

(5) The percentage to be used in subsection (4) must be determined by adding all of the following applicable percentages to the whole person impairment rating:

(a) if the claimant is 40 years of age or younger at the time of injury, 0%; if the claimant is over 40 years of age at the time of injury, 1%;

(b) for a worker who has completed less than 12 years of education, 1%; for a worker who has completed 12 years or more of education or who has received a high school equivalency diploma, 0%;

(c) if a worker has no actual wage loss as a result of the industrial injury, 0%; if a worker has an actual wage loss of $2 or less an hour as a result of the industrial injury, 10%; if a worker has an actual wage loss of more than $2 an hour as a result of the industrial injury, 20%. Wage loss benefits must be based on the difference between the actual wages received at the time of injury and the wages that the worker earns or is qualified to earn after the worker reaches maximum healing.

(d) if a worker, at the time of the injury, was performing heavy labor activity and after the injury the worker can perform only light or sedentary labor activity, 5%; if a worker, at the time of injury, was performing heavy labor activity and after the injury the worker can perform only medium labor activity, 3%; if a worker was performing medium labor activity at the time of the injury and after the injury the worker can perform only light or sedentary labor activity, 2%.

(6) The weekly benefit rate for permanent partial disability is 66 2/3% of the wages received at the time of injury, but the rate may not exceed one-half the state's average weekly wage. The weekly benefit amount established for an injured worker may not be changed by a subsequent adjustment in the state's average weekly wage for future fiscal years.

(7) An undisputed impairment award may be paid biweekly or in a lump sum at the discretion of the worker. Lump sums paid for impairments are not subject to the requirements of 39-71-741, except that lump-sum payments for benefits not accrued may be reduced to present value at the rate established by the department pursuant to 39-71-741(5).

(8) If a worker suffers a subsequent compensable injury or injuries to the same part of the body, the award payable for the subsequent injury may not duplicate any amounts paid for the previous injury or injuries.

(9) If a worker is eligible for a rehabilitation plan, permanent partial disability benefits payable under this section must be calculated based on the wages that the worker earns or would be qualified to earn following the completion of the rehabilitation plan.

(10) As used in this section:

(a) "heavy labor activity" means the ability to lift over 50 pounds occasionally or up to 50 pounds frequently;

(b) "medium labor activity" means the ability to lift up to 50 pounds occasionally or up to 25 pounds frequently;

(d) "sedentary labor activity" means the ability to lift up to 10 pounds occasionally or up to 5 pounds frequently.

History: En. 92-703.1 by Sec. 1, Ch. 155, L. 1973; amd. Sec. 1, Ch. 241, L. 1975; amd. Sec. 1, Ch. 278, L. 1975; R.C.M. 1947, 92-703.1; amd. Sec. 23, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 6, Ch. 9, Sp. L. June 1989; amd. Sec. 4, Ch. 574, L. 1991; amd. Sec. 13, Ch. 243, L. 1995; amd. Sec. 182, Ch. 42, L. 1997; amd. Sec. 12, Ch. 276, L. 1997; amd. Sec. 4, Ch. 464, L. 2003; amd. Sec. 8, Ch. 103, L. 2005; amd. Sec. 1, Ch. 36, L. 2011; amd. Sec. 9, Ch. 167, L. 2011; amd. Sec. 17, Ch. 55, L. 2015.

Notes of Decisions

Cited in 75 cases (1 in the last 5 years), 1979–2022 · leading case: Wilkes v. Montana State Fund, 2008 MT 29 (Mont. 2008).

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Wilkes v. Montana State Fund, 2008 MT 29 (Mont. 2008). · cites it 46× “¶2 Wilkes presents the following issue for review: ¶3 Whether the WCC properly determined that the sole reliance on actual wage loss in § 39-71-703, MCA, in determining permanent partial disability (PPD) benefits does not violate Wilkes’s constitutional right to equal protection.”

Sedlack v. Bigfork Convalescent Ctr., 749 P.2d 1085 (Mont. 1988). · cites it 72× “Elaine Sedlack, a registered nurse, appeals the Workers' Compensation Court's judgment denying her permanent partial disability benefits under § 39-71-703, MCA (1983). [1] We reverse the judgment and remand the matter to the Workers' Compensation Court.”

Rausch v. State Comp. Ins. Fund, 2002 MT 203 (Mont. 2002). · cites it 25× “¶24 The Workers' Compensation Court concluded that the only section in the Workers' Compensation Act which directly authorizes impairment awards is § 39-71-703, MCA (1991 & 1997), pertaining to compensation for permanently partially disabled claimants.”

Beck v. Flathead Cnty., 749 P.2d 527 (Mont. 1988). · cites it 62× “Beck appeals the Workers' Compensation Court order denying her claim for permanent partial disability benefits for loss of actual earning capacity under § 39-71-703, MCA (1985). We vacate the judgment and remand the matter to the Workers' Compensation Court.”

Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003). · cites it 20× “¶ 1 The Petitioner, Debra Stavenjord, filed a petition for hearing before the Workers' Compensation Court for the State of Montana in which she alleged that she had contracted an occupational disease on April 1, 1998, arising from her employment with Prairie Nest Ranch and that…”

Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). · cites it 28× “That rating entitled him, pursuant to § 39-71-703, MCA(1987), to an impairment award of 150 weeks at the maximum statutory rate.”

Lund v. State Comp. Mut. Ins. Fund/Garden City Plumbing & Heating, Inc., 868 P.2d 611 (Mont. 1994). · cites it 36× “The issue before us is whether the Workers’ Compensation Court erred in concluding that, pursuant to § 39-71-709, MCA (1985), claimant could withdraw his election to proceed under § 39-71-703, MCA (1985), and seek benefits under §§ 39-71-705 through 39-71-708, MCA (1985).”

Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995). · cites it 13× “The court denied Wunderlich’s claim for permanent partial disability benefits under § 39-71-703, MCA (1985), and his claims for a penalty and attorney fees based on Lumbermens Mutual Casualty Company’s (Lumbermens) unreasonably delayed acceptance of his occupational disease…”

Chagnon v. Tilleman Ins. Co., 855 P.2d 1002 (Mont. 1993). · cites it 30× “Did the Workers' Compensation Court err in refusing to utilize Chagnon's first post-injury full-time wage in calculating his permanent partial disability benefits under § 39-71-703, MCA (1985)? 2. Did the Workers' Compensation Court err in crediting Travelers for benefits paid…”

Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 4× “§ 11-9-522(b) (allowing Commission to consider, in addition to impairment, "such factors as the employee's age, education, work experience, and other matters reasonably expected to affect his future earning capacity"); Mont.Code Ann. § 39-71-703 (using impairment with an…”

McDanold v. B.N. Transp., Inc., 679 P.2d 1188 (Mont. 1984). · cites it 14× “That statute, which has subsequently been repealed and replaced with Section 39-71-703, MCA, read in part, as follows: “[W]here the injured employee has a wife and three (3) children, or four (4) children residing within the United States who would be entitled to compensation in…”

Hurley v. Dupuis, 759 P.2d 996 (Mont. 1988). · cites it 24× “(Hurley) is entitled to benefits under Section 39-71-703, MCA, based on Hurley’s testimony that he was once employed at the rate of $12.”

Show all 75 citing cases →

— Mont. Code Ann. § 39-71-703(1) — 10 cases

Wunderlich v. Lumbermens Mut. Cas. Co., 892 P.2d 563 (Mont. 1995). “The court denied Wunderlich’s claim for permanent partial disability benefits under § 39-71-703, MCA (1985), and his claims for a penalty and attorney fees based on Lumbermens Mutual Casualty Company’s (Lumbermens) unreasonably delayed acceptance of his occupational disease…”

Sedlack v. Bigfork Convalescent Ctr., 749 P.2d 1085 (Mont. 1988). “Elaine Sedlack, a registered nurse, appeals the Workers' Compensation Court's judgment denying her permanent partial disability benefits under § 39-71-703, MCA (1983). [1] We reverse the judgment and remand the matter to the Workers' Compensation Court.”

Rausch v. State Comp. Ins. Fund, 2002 MT 203 (Mont. 2002). “¶24 The Workers' Compensation Court concluded that the only section in the Workers' Compensation Act which directly authorizes impairment awards is § 39-71-703, MCA (1991 & 1997), pertaining to compensation for permanently partially disabled claimants.”

Beck v. Flathead Cnty., 749 P.2d 527 (Mont. 1988). “Beck appeals the Workers' Compensation Court order denying her claim for permanent partial disability benefits for loss of actual earning capacity under § 39-71-703, MCA (1985). We vacate the judgment and remand the matter to the Workers' Compensation Court.”

Hurley v. Dupuis, 759 P.2d 996 (Mont. 1988). “(Hurley) is entitled to benefits under Section 39-71-703, MCA, based on Hurley’s testimony that he was once employed at the rate of $12.”

— Mont. Code Ann. § 39-71-703(1)(a) — 1 case

S. Hensley v. State Fund (Mont. 2020).

— Mont. Code Ann. § 39-71-703(1)(a)(ii) — 1 case

S. Hensley v. State Fund (Mont. 2020).

— Mont. Code Ann. § 39-71-703(1)(a)(iii) — 2 cases

Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “That rating entitled him, pursuant to § 39-71-703, MCA(1987), to an impairment award of 150 weeks at the maximum statutory rate.”

Monroy v. Cenex, 805 P.2d 1343 (Mont. 1990).

— Mont. Code Ann. § 39-71-703(1)(b) — 1 case

S. Hensley v. State Fund (Mont. 2020).

— Mont. Code Ann. § 39-71-703(1)(b)(ii) — 1 case

Cantalope v. Vets. of Foreign Wars Club (\VFW\") of Eureka", 2004 SD 4 (S.D. 2004).

— Mont. Code Ann. § 39-71-703(2) — 8 cases

S. Hensley v. State Fund (Mont. 2020).

McDanold v. B.N. Transp., Inc., 679 P.2d 1188 (Mont. 1984). “That statute, which has subsequently been repealed and replaced with Section 39-71-703, MCA, read in part, as follows: “[W]here the injured employee has a wife and three (3) children, or four (4) children residing within the United States who would be entitled to compensation in…”

Raffety v. Kanta Prods., Inc., 819 P.2d 1272 (Mont. 1991).

Lund v. State Comp. Mut. Ins. Fund/Garden City Plumbing & Heating, Inc., 868 P.2d 611 (Mont. 1994). “The issue before us is whether the Workers’ Compensation Court erred in concluding that, pursuant to § 39-71-709, MCA (1985), claimant could withdraw his election to proceed under § 39-71-703, MCA (1985), and seek benefits under §§ 39-71-705 through 39-71-708, MCA (1985).”

— Mont. Code Ann. § 39-71-703(3) — 5 cases

Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). “§ 11-9-522(b) (allowing Commission to consider, in addition to impairment, "such factors as the employee's age, education, work experience, and other matters reasonably expected to affect his future earning capacity"); Mont.Code Ann. § 39-71-703 (using impairment with an…”

Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “That rating entitled him, pursuant to § 39-71-703, MCA(1987), to an impairment award of 150 weeks at the maximum statutory rate.”

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).

S. Hensley v. State Fund (Mont. 2020).

— Mont. Code Ann. § 39-71-703(3)(c) — 1 case

S.L.H. v. State Comp. Mut. Ins. Fund, 2000 MT 362 (Mont. 2000).

— Mont. Code Ann. § 39-71-703(4) — 2 cases

King v. State Comp. Ins. Fund, 938 P.2d 607 (Mont. 1997).

Quigg v. Montana State Fund, 2005 MT 267N (Mont. 2005).

— Mont. Code Ann. § 39-71-703(5) — 2 cases

Wilkes v. Montana State Fund, 2008 MT 29 (Mont. 2008). “¶2 Wilkes presents the following issue for review: ¶3 Whether the WCC properly determined that the sole reliance on actual wage loss in § 39-71-703, MCA, in determining permanent partial disability (PPD) benefits does not violate Wilkes’s constitutional right to equal protection.”

T. Barnhart v. State Fund, 2022 MT 250 (Mont. 2022).

— Mont. Code Ann. § 39-71-703(6) — 3 cases

S.L.H. v. State Comp. Mut. Ins. Fund, 2000 MT 362 (Mont. 2000).

Sanchez v. Potomac Abatement, Inc., 8 A.3d 737 (Md. 2010).

T. Barnhart v. State Fund, 2022 MT 250 (Mont. 2022).

— Mont. Code Ann. § 39-71-703(7) — 2 cases

Schmill v. Liberty Nw. Ins. Corp., 2003 MT 80 (Mont. 2003).

Goble v. Montana State Fund, 2014 MT 99 (Mont. 2014).

— Mont. Code Ann. § 39-71-703(a) — 1 case

— Mont. Code Ann. § 39-71-703(c) — 1 case

— Mont. Code Ann. § 39-71-703(l) — 2 cases

Goble v. Montana State Fund, 2014 MT 99 (Mont. 2014).

Perryman v. State Comp. Mut. Ins. Fund/Blue Range Mining Co., 887 P.2d 254 (Mont. 1994).

— Mont. Code Ann. § 39-71-703(l)(a) — 1 case

— Mont. Code Ann. § 39-71-703(l)(a)(iii) — 2 cases

Murer v. State Comp. Mut. Ins. Fund, 942 P.2d 69 (Mont. 1997). “That rating entitled him, pursuant to § 39-71-703, MCA(1987), to an impairment award of 150 weeks at the maximum statutory rate.”

Monroy v. Cenex, 805 P.2d 1343 (Mont. 1990).

— Mont. Code Ann. § 39-71-703(l)(a)(l) — 1 case

Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005).

— Mont. Code Ann. § 39-71-703(l)(b)(i) — 1 case

Perryman v. State Comp. Mut. Ins. Fund/Blue Range Mining Co., 887 P.2d 254 (Mont. 1994).

— Mont. Code Ann. § 39-71-703(l)(b)(ii) — 1 case

Madrid v. St. Joseph Hosp., 928 P.2d 250 (N.M. 1996).

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