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Galetti v. Montana Power Company12/5/2001
therefore it cannot be liable for either attorney fees or a penalty on any additional amounts paid by the SIF. Claimant argues that attorney fees and a penalty should extend to the amounts paid by the SIF since MPC had the initial duty to pay all benefits.
The duty question is determined by the statutes governing the SIF. The statutes were originally enacted in 1973 and are set forth in Title 39, ch. 71, part 9. While they have been amended over the years, the basic requirements have not changed. Essentially, they provide that a physically or mentally disabled worker can be certified as disabled under the Workers' Compensation Act. ยง 39-71-905, MCA. Once certified, the liability of the insurer which insures an employer who hires the disabled person is limited to 104 weeks of benefits. Payment of additional compensation benefits is the responsibility of the SIF.
The obvious purpose of the SIF provisions is to encourage employers to hire disabled workers without incurring increased premiums or loss. However, the shifting of liability to the SIF is somewhat less straightforward than suggested in the previous paragraph. A thorough discussion of the statutes is therefore necessary. Since claimant was injured August 13, 1983, the 1983 statues apply.
The 1983 provision for certification provided as follows:
39-71-905. Certification as vocationally handicapped. A person who wishes to be certified as vocationally handicapped for purposes of this part may apply to the division on forms furnished by the division. The division shall conduct an investigation and shall issue a certificate to a person who, in the division's discretion, meets the requirements for vocationally handicapped certification. An employee who is requesting reemployment may be certified as vocationally handicapped. An employee who is not employed at the time of application for certification must be certified as vocationally handicapped before entering new employment in order for the new employer to receive the benefits of this part.
Based on the parties' arguments in this case, the claimant was presumably certified under this section prior to his commencing his employment with MPC.
The 1983 version of the statute limiting liability with respect to employees certified as disabled provided:
39-71-907. Certified vocationally handicapped person to be compensated for injury as provided by chapter - employer liability for compensation limited. A person certified as vocationally handicapped who receives a personal injury arising out of and in the course of his employment and resulting in death or disability must be paid compensation in the manner and to the extent provided in this chapter or, in case of his death resulting from such injury, the compensation must be paid to his beneficiaries or dependents. The liability of the employer for payment of compensation, for furnished medical care, and burial as provided in this chapter is limited to those benefits occurring during the period of 104 weeks after the date of injury. Thereafter, all compensation and the cost of all medical care and burial is the liability of the fund.
As set forth in section 39-71-907, MCA (1979-83), "The liability of the employer for payment of compensation . . . is limited to those benefits occurring during the period of 104 weeks after the date of injury. Thereafter, all compensation . . . is the liability of the fund." Under the plain language of the section, any compensation benefits which became due after 104 weeks (two years) following the claimant's injury was the responsibility of the SIF.
However, the shifting of liability to the SIF is complicated by ot
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