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