Barnard v. Liberty Northwest Insurance Corp.

Summary

The Montana Supreme Court affirmed the Workers’ Compensation Court’s order granting Rodney Barnard a lump-sum conversion of his permanent total disability benefits. The Court held that Montana Code Annotated § 39-71-741(1)(c) (2003) limits partial lump-sum conversions to $20,000 but does not impose that limit on conversion of the entire permanent total disability benefit. The Court also upheld the finding that the lump sum would be used for necessities of life and was in Barnard’s best interest.

Holdings

1. Section 39-71-741(1)(c), MCA (2003), limits the total of partial lump-sum conversions to $20,000 but does not limit a lump-sum payment covering the whole of a permanent total disability benefit to that amount.
2. The Workers’ Compensation Court did not err in granting Barnard a lump-sum conversion because substantial credible evidence supported its findings that the payment would be used for necessities of life and was in Barnard’s best interest.

Questions Presented

1. Whether § 39-71-741(1)(c), MCA (2003), limits lump-sum conversions of permanent total disability benefits to $20,000 even when the conversion covers the entire benefit.
2. Whether the Workers’ Compensation Court erred in finding that Barnard established entitlement to a lump-sum payment because it would be used for necessities of life and was in his best interest.

Disposition

affirmed