39-73-104. Eligibility requirements for benefits. Payment must be made under this chapter to any person who:
(1) has silicosis, as defined in 39-73-101, that results in the person's total disability so as to render it impossible for the person to follow continuously any substantially gainful occupation;
(2) has resided in and been an inhabitant of the state of Montana for 10 years or more immediately preceding the date of the application;
(3) is not receiving, with respect to any month for which the person would receive a payment under this chapter, compensation under 39-71-715 equal to the sum of $350.