Montana § 39-71-611 Costs And Attorney Fees Payable On Denial Of Claim Or Termination Of Benefits Later Found Compensable -- Barring Of Attorney Fees Under Common Fund And Other Doctrines

Montana Statutes

§ 39-71-611 — Costs And Attorney Fees Payable On Denial Of Claim Or Termination Of Benefits Later Found Compensable -- Barring Of Attorney Fees Under Common Fund And Other Doctrines

Montana § 39-71-611

Title 39LABOR

Ch. 71WORKERS' COMPENSATION

Part 6Claims for Benefits

This text of Montana § 39-71-611 (Costs And Attorney Fees Payable On Denial Of Claim Or Termination Of Benefits Later Found Compensable -- Barring Of Attorney Fees Under Common Fund And Other Doctrines) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-71-611 (2026).

Text

39-71-611 . Costs and attorney fees payable on denial of claim or termination of benefits later found compensable -- barring of attorney fees under common fund and other doctrines.

(1)The insurer shall pay reasonable costs and attorney fees as established by the workers' compensation court if:

(a)the insurer denies liability for a claim for compensation or terminates compensation benefits;

(b)the claim is later adjudged compensable by the workers' compensation court; and

(c)in the case of attorney fees, the workers' compensation court determines that the insurer's actions in denying liability or terminating benefits were unreasonable.

(2)A finding of unreasonableness against an insurer made under this section does not constitute a finding that the insurer acted in bad faith or violate

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39-71-611 . Costs and attorney fees payable on denial of claim or termination of benefits later found compensable -- barring of attorney fees under common fund and other doctrines. (1) The insurer shall pay reasonable costs and attorney fees as established by the workers' compensation court if:
(a) the insurer denies liability for a claim for compensation or terminates compensation benefits;
(b) the claim is later adjudged compensable by the workers' compensation court; and
(c) in the case of attorney fees, the workers' compensation court determines that the insurer's actions in denying liability or terminating benefits were unreasonable.
(2) A finding of unreasonableness against an insurer made under this section does not constitute a finding that the insurer acted in bad faith or violated the unfair trade practices provisions of Title 33, chapter 18.
(3) Attorney fees may be awarded only under the provisions of subsection (1) and may not be awarded under the common fund doctrine or any other action or doctrine in law or equity.

Legislative History

En. Sec. 2, Ch. 477, L. 1973; amd. Sec. 2, Ch. 173, L. 1974; R.C.M. 1947, 92-616(part); amd. Sec. 2, Ch. 63, L. 1979; amd. Sec. 16, Ch. 464, L. 1987; amd. Sec. 2, Ch. 464, L. 2003.