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BRENDA RUTECKI vs. FIRST LIBERTY INSURANCE CORPORATION

Workers' Compensation Court of the State of Montana

Is employee entitled to permanent partial disability (PPD) benefits?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 6
WCC No. 2014-3435.  BRENDA RUTECKI Petitioner vs. FIRST LIBERTY INSURANCE CORPORATION Respondent/Insurer.

Summary: Petitioner contends she is entitled to PPD and vocational rehabilitation benefits because she suffered an actual wage loss as a result of her industrial injury. Respondent argues Petitioner has not proven that she suffered an actual wage loss and, consequently, that she is not entitled to PPD or vocational rehabilitation benefits.

Held: Petitioner has not proven she suffered an actual wage loss as a result of her industrial injury. Medical providers have approved alternative jobs which pay as much as her time-of-injury position. She is therefore not entitled to PPD or vocational rehabilitation benefits.

Judgment: Rutecki has not proven that she suffered an actual wage loss as a result of her industrial injury and is therefore not entitled to PPD benefits. Rutecki has not proven an entitlement to vocational rehabilitation benefits as a result of her industrial injury.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/r/Rutecki_2016MTWCC6.pdf