Montana Code 39-71-1006. Rehabilitation benefits
39-71-1006. Rehabilitation benefits. (1) A worker is eligible for rehabilitation benefits if:
Terms Used In Montana Code 39-71-1006
- Disabled worker: means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury. See Montana Code 39-71-1011
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Rehabilitation benefits: means benefits provided in 39-71-1006 and 39-71-1025. See Montana Code 39-71-1011
- Rehabilitation plan: means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss. See Montana Code 39-71-1011
- Rehabilitation provider: means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer. See Montana Code 39-71-1011
- worker: means :
(a)each person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or implied, oral or written. See Montana Code 39-71-118
(a)(i) the worker meets the definition of a disabled worker as provided in 39-71-1011; or
(ii)the worker has, as a result of the work-related injury, a whole person impairment rating of 15% or greater, as established by objective medical findings, and has no actual wage loss;
(b)a rehabilitation provider, as designated by the insurer, certifies that the worker has reasonable vocational goals and reasonable reemployment opportunity. If eligible because of an impairment rating of 15% or more, with rehabilitation the worker will have a reasonable increase in the worker’s wage compared to the wage that the worker received at the time of injury. If eligible because of a wage loss, the worker will have a reasonable reduction in the worker’s actual wage loss with rehabilitation.
(c)a rehabilitation plan is agreed upon by the worker and the insurer and a written copy of the plan is provided to the worker. The plan must take into consideration the worker’s age, education, training, work history, residual physical capacities, and vocational interests. The plan must specify a beginning date and a completion date. The plan must specify the cost of tuition, fees, books, and other reasonable and necessary retraining expenses required to complete the plan.
(2)A disabled worker is entitled to receive biweekly rehabilitation benefits at the worker’s temporary total disability rate. The benefits must be paid for the period specified in the rehabilitation plan, not to exceed 104 weeks. The rehabilitation plan must be completed within 26 weeks of the completion date specified in the plan. Rehabilitation benefits must be paid biweekly while the worker is satisfactorily progressing in the agreed-upon rehabilitation plan. Rehabilitation benefits payable pursuant to a retraining rehabilitation plan under this section are not payable in a lump sum. Rehabilitation benefits may be paid in a lump sum for job placement services.
(3)In addition to rehabilitation benefits payable under subsection (2), a disabled worker who was injured on or after July 1, 1997, is entitled to receive payment for tuition, fees, books, and other reasonable and necessary retraining expenses, excluding travel and living expenses paid pursuant to the provisions of 39-71-1025, as set forth in department rules and as specified in the rehabilitation plan. Expenses must be paid directly by the insurer.
(4)A worker may not receive temporary total benefits and the benefits under subsection (2) during the same period of time.
(5)A rehabilitation provider authorized by the insurer shall continue to assist the injured worker until the rehabilitation plan is completed.
(6)To be eligible for benefits under this section, a worker is required to begin the rehabilitation plan within 78 weeks of reaching maximum medical healing.
(7)A worker may not receive both wages and rehabilitation benefits without the written consent of the insurer. A worker who receives both wages and rehabilitation benefits without written consent of the insurer is guilty of theft and may be prosecuted under 45-6-301.