Court: Montana Cop Must Repay Disability Money

June 15, 2009

The Montana Supreme Court says an Anaconda police officer must repay more than $45,000 in temporary disability benefits.

John Roche suffered an on-the-job knee injury. He was paid $45,273 in temporary total disability benefits between November 2002 and December 2004, when he returned to police work.

The Montana Municipal Insurance Authority determined that, while receiving the disability payments, Roche was drawing income from M&N Sports, a business he owns in Anaconda.

The Montana Workers’ Compensation Court ordered Roche to repay the benefits because he was earning income elsewhere without the insurer’s knowledge or permission.

Roche appealed and the state Supreme Court upheld the Workers’ Compensation Court in a unanimous ruling.

Roche was not on police duty at press time and did not immediately respond to a telephone message left at his business in Anaconda, Mont.

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