Franck v. National Log Construction Co.

The State Compensation Insurance Fund (State Fund) appeals from a declaratory ruling issued by the Workers’ Compensation Court, holding that the statutory discount to present value provided for in § 39-71-741, MCA (1985), does not apply to permanent partial disability benefits. We affirm.

The sole issue raised on appeal is whether a claimant who is deemed permanently totally disabled and who seeks a lump-sum conversion of future benefits under § 39-71-741, MCA (1985), is subject to a discount of all benefits, including future partial permanent disability benefits paid as a result of the…