Rule 24.29.1201 - APPROVAL - WHEN REQUIRED(1) No department approval is required for a lump-sum payment of: (a) accrued indemnity benefits;(b) advance indemnity benefits; or(c) an impairment award for a claim with a date of injury on or after July 1, 2005.(2) The department presumes that biweekly benefit payments are in the best interests of the worker. Department approval of a petition for lump-sum conversion may be given only if the worker demonstrates that the worker's ability to become financially self-sustaining is more probable with a whole or partial lump-sum payment than with the biweekly payments and the worker's other resources, as outlined by ARM 24.29.1202.(3) Conversion of biweekly permanent total disability benefits to a lump sum must meet the test of this rule for all dates of injury.Mont. Admin. r. 24.29.1201
NEW, 1985 MAR p. 1564, Eff. 10/18/85; AMD, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2024 MAR p. 1066, Eff. 5/11/2024AUTH: 39-71-203, MCA; IMP: 39-71-741, MCA