Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE
Subchapter 24.29.12 - Rules on Lump-Sum Conversions of Benefits
Rule 24.29.1201 - APPROVAL - WHEN REQUIRED

Universal Citation: MT Admin Rules 24.29.1201

Current through Register Vol. 18, September 20, 2024

(1) No department approval is required for a lump-sum payment of:

(a) accrued indemnity benefits;

(b) advance indemnity benefits; or

(c) an impairment award for a claim with a date of injury on or after July 1, 2005.

(2) The department presumes that biweekly benefit payments are in the best interests of the worker. Department approval of a petition for lump-sum conversion may be given only if the worker demonstrates that the worker's ability to become financially self-sustaining is more probable with a whole or partial lump-sum payment than with the biweekly payments and the worker's other resources, as outlined by ARM 24.29.1202.

(3) Conversion of biweekly permanent total disability benefits to a lump sum must meet the test of this rule for all dates of injury.

AUTH: 39-71-203, MCA; IMP: 39-71-741, MCA

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