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GLEN A. BRICKMAN vs. AIR TECH HEATING & COOLING INC. Employer MONTANA STATE FUND.

Workers' Compensation Court of the State of Montana

Does Claimant qualify to receive biweekly TTD benefits?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 11
WCC No. 2016-3804. GLEN A. BRICKMAN vs. AIR TECH HEATING & COOLING INC. Employer
MONTANA STATE FUND.

Summary: Claimant appeals the order by the DLI denying his request for interim TTD benefits under § 39-71-610, MCA. The DLI denied Claimant’s request on the grounds that he continued to receive biweekly compensation benefits because his biweekly compensation benefits were not terminated; rather, his benefits were converted from TTD benefits to PPD benefits.

Held: Claimant does not qualify for interim TTD benefits under § 39-71-610, MCA, because he continues to receive biweekly compensation benefits.

Judgement: Petitioner’s request for additional biweekly benefits under § 39-71-610, MCA, is DENIED.

Appealed to Supreme Court, and Dismissed on appeal by stipulation. 10/13/2016