Otteson v. Montana State Fund

¶1 Doug Otteson (Otteson) was injured in 1994 while working for a coal company in Big Horn County. Montana State Fund (State Fund) accepted liability for payment of workers’ compensation benefits and has paid Otteson permanent total disability (PTD) benefits. On December 23,2003, the State Fund paid Otteson an impairment award pursuant to Rausch v. State Compensation Ins. Fund, 2002 MT 203, 311 Mont. 210, 54 P.3d 25. On December 30, 2003, Otteson requested that the State Fund convert his PTD benefits to permanent partial disability (PPD) benefits upon his 65 birthday. The State Fund refused…