2003 Montana Legislature

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SENATE BILL NO. 282

INTRODUCED BY SQUIRES

 

AN ACT REQUIRING THAT TEMPORARY TOTAL DISABILITY BENEFITS NOT BE PAID FOR THE LESSER OF EITHER THE FIRST 32 HOURS OR 4 DAYS' LOSS OF WAGES IF A CLAIMANT IS TOTALLY DISABLED AND UNABLE TO WORK FOR 5 OR MORE DAYS BECAUSE OF AN INJURY; AMENDING SECTION 39-71-736, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 39-71-736, MCA, is amended to read:

     "39-71-736.  Compensation -- from what dates paid. (1) (a) Compensation Compensation may not be paid for the first 40 32 hours or 5 4 days' loss of wages, whichever is less, that the claimant is totally disabled and unable to work due to because of an injury. A claimant is eligible for compensation starting with the 6th 5th day.

     (b)  Separate benefits of medical and hospital services must be furnished from the date of injury.

     (2)  For the purpose of this section, except as provided in subsection (3), an injured worker is not considered to be entitled to compensation benefits if the worker is receiving sick leave benefits, except that each day for which the worker elects to receive sick leave counts 1 day toward the 5-day 4-day waiting period.

     (3)  Augmentation of temporary total disability benefits with sick leave by an employer pursuant to a collective bargaining agreement may not disqualify a worker from receiving temporary total disability benefits.

     (4)  Receipt of vacation leave by an injured worker may not affect the worker's eligibility for temporary total disability benefits."

 

     Section 2.  Effective date -- applicability. [This act] is effective July 1, 2003, and applies to injuries occurring on or after July 1, 2003.

- END -

 


Latest Version of SB 282 (SB0282.ENR)
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