office@clarkforklaw.com
(406) 728-0168

 GALEN LARSON vs. LIBERTY NORTHWEST INS. CORP.

Workers' Compensation Court of the State of Montana

Did Appellant tender a strong prima facie case for reinstatement of his TTD benefits?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 15
WCC No. 2017-4096. GALEN LARSON Appellant vs. LIBERTY NORTHWEST INS. CORP. Appellee/Insurer.

Summary: Appellant appeals from a Department order denying his petition for interim benefits under § 39-71-610, MCA. Appellee argues this Court should affirm because Appellant has not tendered a strong prima facie case for reinstatement of his TTD benefits.

Held: The Department’s order is affirmed. Appellant did not tender a strong prima facie case for reinstatement of his TTD benefits. He declined the temporary work assignment his time-of-injury employer offered to him and did not introduce sufficient evidence to prove that the job exceeded his restrictions, or that his employer would not have actually accommodated his restrictions. His claim that Appellee would not have paid him TPD benefits is unsupported, and had that occurred, he could have sought resolution in this Court instead of declining work.

Judgment: The Department’s Order denying interim benefits under § 39-71-610, MCA, is affirmed.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/l/Larson_2017MTWCC15.pdf