## Facts

- Bonnie Kobe worked for Ruby Valley National Bank from October 1998 until January 2004, generally five days per week, eight hours per day.
- Her commute to Ruby Valley National Bank was about 30 minutes each way.
- In November 2001, Kobe suffered a compensable neck injury at work.
- Montana State Fund accepted liability, paid medical benefits, and paid a 6% impairment award.
- Kobe treated with several physicians after the injury.
- Despite ongoing pain complaints, Kobe continued working full time for more than two years after the injury.
- In January 2004, Kobe left Ruby Valley National Bank and took a teller job at Beaverhead Bank.
- At Beaverhead Bank, Kobe worked three days per week, nine hours per day, and her commute was about five minutes.
- Kobe did not sustain a wage loss as a result of changing jobs.
- No physician restricted Kobe from working full time; she was not medically limited to part-time work.
- Evidence showed Kobe chose part-time work for non-medical reasons, including more time with her grandchildren, a shorter commute, and the fact that she was financially secure enough to work less.
- Kobe sought permanent partial disability (PPD) benefits in addition to the impairment award, claiming the injury prevented her from working full time.

## Issues

1. Whether a claimant who has an impairment rating but no wage loss, and who is not medically restricted from full-time work, is entitled to PPD benefits based on a claim that she cannot work full time due to the industrial injury.

## Decision

- The Montana Workers’ Compensation Court denied Kobe’s request for additional PPD benefits.
- The court found Kobe did not prove that her compensable neck injury made her unable to work full time.
- The court concluded Kobe’s move to part-time work was voluntary and driven by personal and practical considerations rather than a work-related incapacity.
- Judgment was entered for Montana State Fund.

## Legal Principles

- When a PPD claim rests on an alleged inability to work full time (rather than a reduced hourly wage), the claimant must convince the court that she is, in fact, unable to work full time because of the work injury.
- The claimant bears the burden to prove a causal link between the industrial injury and any claimed reduction in earning capacity, including reduced work hours.
- A permanent impairment award compensates for impairment, but it does not automatically establish entitlement to additional PPD benefits without proof of injury-related disability affecting earning capacity.
- Continued full-time work after an injury and the absence of physician-imposed work restrictions can weigh against a claim that the claimant is unable to work full time.

## Conclusion

In *Kobe v. Montana State Fund*, the Workers’ Compensation Court denied PPD benefits beyond a paid 6% impairment award because Kobe failed to prove her neck injury actually prevented full-time work; she changed to part-time employment without wage loss and without medical restrictions, and the court found the reduced schedule reflected personal choice rather than injury-caused disability.


Kobe v. Montana State Fund, 2005 MTWCC 38 (2005)