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Galetti v. Montana Power Co.8/25/2000
conceded that Galetti is "due" these benefits. Lastly, we think the term "full amount" is clear. The "full amount" is the entire amount of compensable medical expenses unreasonably refused or delayed. The statute is not limited to only those compensable medical expenses which were personally paid by the claimant.
31 Montana Power unreasonably refused and delayed payment of all of Galetti's workers' compensation benefits associated with his 1994 flare-up. The fact that Galetti had to pay some of his medical expenses with his employee medical benefits plan which was partially funded by Montana Power is irrelevant to a determination of "the full amount of compensation benefits" unreasonably delayed or refused. Medical expenses paid by a health insurance plan partially funded by employer contributions are not payments of workers' compensation benefits. Although some of Galetti's health insurance benefits may not have been unreasonably refused or delayed, all of Galetti's workers' compensation benefits were unreasonably refused or delayed.
32 We conclude that the Workers' Compensation Court erred by not ordering a penalty on the entire amount of medical expenses incurred as a result of the flare-up of Galetti's back condition. Galetti's compensation benefits shall be increased by 20 percent on "the full amount of compensation benefits" he was due which were unreasonably refused or delayed.
33 Reversed and remanded.
JIM REGNIER
We Concur: J. A. TURNAGE, JAMES C. NELSON, W. WILLIAM LEAPHART, WILLIAM E. HUNT, SR., TERRY N. TRIEWEILER, ROY C. RODEGHIERO
District Court Judge sitting for Justice Karla M. Gray
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