Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 72. OCCUPATIONAL DISEASE ACT OF MONTANA (Repealed) · Part 4. Presentment and Payment of Claims Generally (Repealed)
Montana Code Annotated

Mont. Code Ann. § 39-72-405 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 72
  4. Part 4
  5. 39-72-405 Repealed

TITLE 39. LABOR

CHAPTER 72. OCCUPATIONAL DISEASE ACT OF MONTANA (Repealed)

Part 4. Presentment and Payment of Claims Generally (Repealed)

Repealed

39-72-405. Repealed. Sec. 38, Ch. 416, L. 2005.

History: En. Sec. 11, Ch. 155, L. 1959; amd. Sec. 1, Ch. 92, L. 1965; amd. Sec. 2, Ch. 208, L. 1977; R.C.M. 1947, 92-1311(1)(a) thru (d); amd. Sec. 4, Ch. 104, L. 1979; amd. Sec. 3, Ch. 112, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 16, Ch. 555, L. 1993; amd. Sec. 18, Ch. 377, L. 1999.

Notes of Decisions
Cited in 8 cases, 1989–2008 · leading case: Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003).
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Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003). · cites it 40× “Whether the Workers' Compensation Court erred when it concluded that § 39-72-405, MCA (1997), of the Occupational Disease Act violated the equal protection clause of the Montana Constitution.”
Loss v. Lumbermens Mut. Cas. Co., 936 P.2d 313 (Mont. 1997). · cites it 16× “The WCA does not provide, as does the ODA, § 39-72-405, MCA, for an award of up to $10,000 for a non-disabling occupational disease.”
Stavenjord v. Montana State Fund, 2006 MT 257 (Mont. 2006). · cites it 6× “In Stavenjord I, we affirmed the WCC’s determination that: (1) application of § 39-72-405(2), MCA (1997), to Debra Stavenjord’s claim against Montana State Fund (State Fund) violated her constitutional equal protection rights, and (2) Stavenjord should receive benefits related…”
Eastman v. Atl. Richfield Co., 777 P.2d 862 (Mont. 1989). · cites it 4× “Eastman suffered from a nondisabling occupational disease and was awarded the maximum statutory allowance of $10,000 pursuant to § 39-72-405(2), MCA. The Workers' Compensation Court affirmed the decision of the Division that the claimant's occupational disease was nondisabling.”
Smart v. Montana Historical Soc'y, 918 P.2d 670 (Mont. 1996). · cites it 17× “John Smart (Smart) appeals a decision of the Workers’ Compensation Court finding that Smart is not entitled to permanent total disability benefits under § 39-72-701(1), MCA(1991), and limiting his benefits to a maximum award of $10,000 pursuant to § 39-72-405, MCA (1991). We…”
Henry v. State Comp. Ins. Fund, 1999 MT 126 (Mont. 1999). · cites it 2× “Henry reached maximum medical improvement and the parties settled the case pursuant to § 39-72-405, MCA. ¶6 3. Henry requested rehabilitation benefits after reaching maximum medical improvement, but the State Fund denied all liability for rehabilitation benefits because the…”
Lanes v. Montana State Fund, 2008 MT 306 (Mont. 2008). · cites it 2× “00 award pursuant to § 39-72-405(2), MCA (1993). However, Burglund petitioned the WCC claiming that his condition was a result of the 1984 injury rather than an occupational disease.”
Burglund v. Liberty Mut. Fire Ins., 950 P.2d 1371 (Mont. 1997). · cites it 2× “When Burglund reached maximum medical improvement, Liberty began paying a $10,000 award under § 39-72-405(2), MCA (1993). Burglund, however, petitioned the Workers’ Compensation Court claiming his condition was a result of the 1984 injury rather than an occupational disease and…”
Mont. Code Ann. § 39-72-405(2): 6 cases
Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003). “Whether the Workers' Compensation Court erred when it concluded that § 39-72-405, MCA (1997), of the Occupational Disease Act violated the equal protection clause of the Montana Constitution.”
Stavenjord v. Montana State Fund, 2006 MT 257 (Mont. 2006). “In Stavenjord I, we affirmed the WCC’s determination that: (1) application of § 39-72-405(2), MCA (1997), to Debra Stavenjord’s claim against Montana State Fund (State Fund) violated her constitutional equal protection rights, and (2) Stavenjord should receive benefits related…”
Eastman v. Atl. Richfield Co., 777 P.2d 862 (Mont. 1989). “Eastman suffered from a nondisabling occupational disease and was awarded the maximum statutory allowance of $10,000 pursuant to § 39-72-405(2), MCA. The Workers' Compensation Court affirmed the decision of the Division that the claimant's occupational disease was nondisabling.”
Loss v. Lumbermens Mut. Cas. Co., 936 P.2d 313 (Mont. 1997). “The WCA does not provide, as does the ODA, § 39-72-405, MCA, for an award of up to $10,000 for a non-disabling occupational disease.”
Lanes v. Montana State Fund, 2008 MT 306 (Mont. 2008). “00 award pursuant to § 39-72-405(2), MCA (1993). However, Burglund petitioned the WCC claiming that his condition was a result of the 1984 injury rather than an occupational disease.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.