Benefits: Rehabilitation Benefits: Rehabilitation Providers

Leastman v. Liberty Mutual Fire Insurance Company [1/6/99] 1999 MTWCC 2 Contrary to the insurer's argument, section 39-71-1006, MCA (1995) does not vest unfettered discretion in either the insurer or the rehabilitation provider to require claimant to accept rehabilitation advice; claimant is entitled to petition the WCC, as he has done, for a determination of his entitlement to rehabilitation benefits.

Gates v. Liberty NW Ins. Co. [2/13/96] 1995 MTWCC 114A While section 39-71-2001, MCA (1993), requires that a rehabilitation provider be designated if there is a dispute over whether the injured worker can return to the time-of-injury job, the designation of a provider does not answer the question whether other rehabilitation benefits are due.
Gates v. Liberty NW Ins. Co. [12/29/95] 1995 MTWCC 114 Where claimant has a wage loss, the insurer must immediately designate a rehabilitation provider who shall assist claimant in developing a rehabilitation plan in accordance with section 39-71-2001, MCA (1993).