Peile v. Department of Highways

Margo Peile appeals the denial by the Workers’ Compensation Court of her claim for temporary total disability benefits during retraining. We reverse and remand.

The issues are:

1. Did the Workers’ Compensation Court err in determining that Peile was not entitled to temporary total disability benefits while engaged in a course of vocational rehabilitation through the Department of Social and Rehabilitation Services?

2. Did the court err in determining that Peile was not entitled to the 20 percent penalty pursuant to § 39-71-2907, MCA (1985)?

3. Did the court err in determining that Peile was not…