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Montana · Through Montana Code Annotated 2025

39-71-744: Benefits not due while claimant is incarcerated -- exceptions.

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Where this section sits in the code
  1. TITLE 39. LABOR
  2. CHAPTER 71. WORKERS' COMPENSATION
  3. Part 7. Compensation and Benefits Generally

(1) Except as provided in subsection (2), a claimant is not eligible for disability or rehabilitation compensation benefits while the claimant is incarcerated for a period exceeding 30 days in a correctional institution or jail as the result of conviction of a felony or a misdemeanor. The insurer remains liable for medical benefits. A time limit on benefits otherwise provided in this chapter is not extended due to a period of incarceration.

(2) A person who is employed while participating in a prerelease center program or a diversionary program is eligible for temporary total benefits as provided in 39-71-701 and medical benefits for a work-related injury received while participating in a prerelease center program or a diversionary program. Other disability or rehabilitation benefits are not payable while the worker is participating in a prerelease center. This subsection does not prohibit the reinstatement of other benefits upon release from incarceration, nor does it apply to an employee performing community service described in 39-71-118(1)(e).

Collected 2026-09-14T04:54:40Z. Source file · JSON

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