Benefits: Incarceration

Goble and Gerber v. Montana State Fund, 2014 MT 99 Making incarcerated claimants ineligible to receive workers compensation benefits satisfies the public policy behind the WCA found in ยง 39-71-105(1), -105(3), MCA, by removing benefits from claimants who are incapable of earning a wage and incapable of returning to work.  Such claimants are not losing wages as a result of their injuries but rather as a result of their criminal activity.