Montana Code 39-71-905. Certification as person with disability — eligibility for benefits under fund
39-71-905. Certification as person with disability — eligibility for benefits under fund. (1) A person who wishes to be certified as a person with a disability for purposes of this part shall apply to the department on forms furnished by the department. The department shall conduct an investigation and shall issue a certificate to a person who, in the department’s discretion, meets the requirements for certification. A person shall apply for certification before an injury occurs that is covered by this part. The certification is effective retroactively to the date the department received the application.
Terms Used In Montana Code 39-71-905
- Certificate: means documentation issued by the department to an individual who is a person with a disability. See Montana Code 39-71-901
- Fund: means the subsequent injury fund in the proprietary fund category. See Montana Code 39-71-901
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Person with a disability: means a person who has a medically certifiable permanent impairment that is a substantial obstacle to obtaining employment or to obtaining reemployment if the person should become unemployed, considering such factors as the person's age, education, training, experience, and employment rejection. See Montana Code 39-71-901
(2)If a claimant has met the provisions of subsection (1) and a subsequent claim has been accepted by an insurer, the claim is eligible for the benefits under the fund.