24.29.2846    PRIORITY OF PAYMENT OF CURRENT BENEFITS

(1) In keeping with the provision contained in 39-71-503 , MCA, that disability benefits are to be paid before medical benefits, the department will pay compensation benefits before paying any other benefits.

(2) In the event that the amount of compensation claims for a month exceed the positive fund balance, compensation benefits will be paid on a proportionate basis to the point where there is no longer a positive fund balance. As provided by 39-71-510 , MCA, any such reduction does not entitle a claimant to retroactive reimbursements of compensation benefits in the future.

(3) If, after paying all compensation benefits for the month, a positive fund balance still exists, other benefits, such as payments to medical or rehabilitation providers, will be paid. In the event that the amount of other benefit claims for a month exceed the positive fund balance, those benefits will be paid on a proportionate basis to the point where there is no longer a positive fund balance. As provided by 39-71-510 , MCA, any such reduction does not entitle a claimant (or the provider to whom such benefits are paid) to retroactive reimbursements of benefits in the future.

(4) Earmarked funds may be used to pay that claimant's benefits at full value, regardless of whether there is a positive fund balance for the month.

History: 39-71-203, MCA; IMP, 39-71-503, 39-71-504, 39-71-510, MCA; NEW, 1995 MAR p. 933, Eff. 7/1/95.