reglab/housing_qa huggingface dataset:
MT Code § 39-71-411 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer

  39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer. For all employments covered under the Workers' Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers' Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers' Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of the injuries or death. The Workers' Compensation Act binds the employee and, in case of death, binds the employee's personal representative and all persons having any right or claim to compensation for the employee's injury or death, as well as the employer and the servants and employees of the employer and those conducting the employer's business during liquidation, bankruptcy, or insolvency.   History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 329, L. 1979; amd. Sec. 61, Ch. 397, L. 1979; amd. Sec. 1543, Ch. 56, L. 2009.
MT Code § 39-71-412 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action

  39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action. The right to compensation and medical benefits as provided by this chapter is not affected by the fact that the injury, occupational disease, or death is caused by the negligence of a third party other than the employer or the servants or employees of the employer. Whenever injury, occupational disease, or death occurs to an employee while performing the duties of employment and the event is caused by the act or omission of some persons or corporations other than the employee's employer or the servants or employees of the employee's employer, the employee or in case of death the employee's heirs or personal representative, in addition to the right to receive compensation under this chapter, has a right to prosecute any cause of action that the employee or heirs may have for damages against the persons or corporations.   History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1544, Ch. 56, L. 2009.
MT Code § 39-71-413 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-413. Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined

  39-71-413. Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined. (1) (a) If an employee is intentionally injured by an intentional and deliberate act of the employee's employer or by the intentional and deliberate act of a fellow employee while performing the duties of employment, the employee or in case of death the employee's heirs or personal representatives, in addition to the right to receive compensation under the Workers' Compensation Act, have a cause of action for damages against the person whose intentional and deliberate act caused the intentional injury.   (b) For the purposes of this section, the standard of proof for an act to be determined to be intentional and deliberate is clear and convincing evidence.   (2) An employer is not vicariously liable under this section for the intentional and deliberate acts of an employee.   (3) As used in this section, "intentional injury" means an injury caused by an intentional and deliberate act that is specifically and actually intended to cause injury to the employee injured and there is actual knowledge that an injury is certain to occur.   History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 229, L. 2001; amd. Sec. 1, Ch. 148, L. 2013.
MT Code § 39-71-415 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-415. Procedure for resolving disputes regarding independent contractor status

  39-71-415. Procedure for resolving disputes regarding independent contractor status.   (1) If a claimant and insurer have a dispute over benefits and the dispute involves an issue of whether the claimant is an independent contractor or employee, either party may, after mediation pursuant to department rules, petition the workers' compensation judge for resolution of the dispute in accordance with 39-71-2905.   (2) (a) A dispute involving an employer, a worker, or the department and involving the issue of whether a worker is an independent contractor or an employee, but not involving workers' compensation benefits, must be brought before the independent contractor central unit of the department for resolution.   (b) (i) A decision of the independent contractor central unit is final unless a party dissatisfied with the decision requests mediation pursuant to department rules within 15 days of the mailing of the decision by the independent contractor central unit.   (ii) At the conclusion of the mediation process, the mediator shall issue a report summarizing the status of the proceeding and shall mail a copy of the report to the parties.   (c) If after mediation the parties have not resolved their dispute concerning a worker's status as an independent contractor or an employee, a party may appeal the decision of the independent contractor central unit by filing a petition with the workers' compensation court within 30 days of the mailing of the mediator's report.   (d) An appeal from the independent contractor central unit to the workers' compensation court brought pursuant to this subsection (2) is a new proceeding.   History: En. Sec. 7, Ch. 314, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 15, Ch. 442, L. 1999; amd. Sec. 8, Ch. 214, L. 2001; amd. Sec. 11, Ch. 448, L. 2005; amd. Sec. 3, Ch. 117, L. 2007.
MT Code § 39-71-416 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-416. Repealed

  39-71-416. Repealed. Sec. 10, Ch. 26, L. 2005.   History: En. Sec. 2, Ch. 243, L. 1995.
MT Code § 39-71-418 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-418. Suspension or revocation of independent contractor exemption certificate

  39-71-418. Suspension or revocation of independent contractor exemption certificate. (1) The department may suspend an independent contractor exemption certificate for a specific business relationship if the department determines that the employing unit exerts or retains a right of control to a degree that causes a certificate holder to violate the provisions of 39-71-417(4).   (2) The department may revoke an independent contractor exemption certificate after determining that the certificate holder:   (a) made misrepresentations in the application affidavit or certificate renewal form;   (b) altered or amended the application form, the renewal application form, other supporting documentation required by the department, or the independent contractor exemption certificate;   (c) failed to cooperate with the department in providing information relevant to the continued validity of the holder's certificate; or   (d) does not have an independently established business as required by 39-71-417(4).   (3) A decision by the department to suspend or revoke an independent contractor exemption certificate takes effect upon issuance of the decision. Suspension or revocation of the independent contractor exemption certificate does not invalidate the certificate holder's waiver of the rights and benefits of the Workers' Compensation Act for the period prior to notice to the hiring agent by the department of the department's decision to suspend or revoke the independent contractor exemption certificate.   (4) A decision by the department's independent contractor central unit to suspend or revoke an independent contractor exemption certificate may be contested in the same manner as provided in 39-71-415(2).   History: En. Sec. 2, Ch. 448, L. 2005; amd. Sec. 5, Ch. 117, L. 2007; amd. Sec. 2, Ch. 150, L. 2011.
MT Code § 39-71-419 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-419. Independent contractor violations -- penalty

  39-71-419. Independent contractor violations -- penalty. (1) A person may not:  (a) perform work as an independent contractor without first:   (i) obtaining from the department an independent contractor exemption certificate unless the individual is not required to obtain an independent contractor exemption certificate pursuant to 39-71-417(1)(a); or   (ii) electing to be bound personally and individually by the provisions of compensation plan No. 1, 2, or 3;   (b) perform work as an independent contractor when the department has revoked or denied the independent contractor's exemption certificate;   (c) transfer to another person or allow another person to use an independent contractor exemption certificate that was not issued to that person;   (d) alter or falsify an independent contractor exemption certificate; or   (e) misrepresent the person's status as an independent contractor. A person who falsely claimed, either in writing or through credible evidence, to have an independent contractor certification may not be considered to be an employee solely based on not actually having an independent contractor exemption certificate. The burden of proof that an independent contractor is certified rests with the independent contractor and not the hiring entity.   (2) An employer may not:   (a) require an employee through coercion, misrepresentation, or fraudulent means to adopt independent contractor status to avoid the employer's obligations to provide workers' compensation coverage; or   (b) exert control to a degree that causes the independent contractor to violate the provisions of 39-71-417(4).   (3) In addition to any other penalty or sanction provided in this chapter, a person or employer who violates a provision of this section is subject to a fine to be assessed by the department of up to $1,000 for each violation. The department shall deposit the fines in the uninsured employers' fund. The lien provisions of 39-71-506 apply to any assessed fines.   (4) A person or employer who disputes a fine assessed by the department pursuant to this section may file an appeal with the department within 30 days of the date on which the fine was assessed. If, after mediation, the issue is not resolved, the issue must be transferred to the workers' compensation court for resolution.   History: En. Sec. 3, Ch. 448, L. 2005; amd. Sec. 2, Ch. 345, L. 2021.
MT Code § 39-71-420 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-420. reserved

  39-71-420 reserved.
MT Code § 39-71-421 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-421. Financial incentives to institute safety programs

  39-71-421. Financial incentives to institute safety programs. Insurers may provide financial incentives to an employer who implements a formal safety program. An insurer may provide to an employer a premium discount that reflects the degree of risk diminished by the implemented safety program.   History: En. Sec. 9, Ch. 464, L. 1987; amd. Sec. 21, Ch. 613, L. 1989.
MT Code § 39-71-422 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-422. through 39-71-425 reserved

  39-71-422 through 39-71-425 reserved.
MT Code § 39-71-426 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-426. Repealed

  39-71-426. Repealed. Sec. 10, Ch. 26, L. 2005.   History: En. Sec. 1, Ch. 388, L. 1989; amd. Sec. 5, Ch. 480, L. 1991.
MT Code § 39-71-427 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-427. Repealed

  39-71-427. Repealed. Sec. 10, Ch. 26, L. 2005.   History: En. Sec. 2, Ch. 388, L. 1989.
MT Code § 39-71-428 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-428. Repealed

  39-71-428. Repealed. Sec. 10, Ch. 26, L. 2005.   History: En. Sec. 3, Ch. 388, L. 1989.
MT Code § 39-71-429 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-429. and 39-71-430 reserved

  39-71-429 and 39-71-430 reserved.
MT Code § 39-71-431 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-431. Repealed

  39-71-431. Repealed. Sec. 13, Ch. 310, L. 1997.   History: En. Sec. 12, Ch. 613, L. 1989; amd. Sec. 5, Ch. 323, L. 1991.
MT Code § 39-71-432 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-432. Definitions

  39-71-432. Definitions. As used in 39-71-433, the following definitions apply:   (1) "Business entity" means a business enterprise owned by a single person, corporation, organization, business trust, trust, partnership, limited liability company, limited liability partnership, joint venture, association, or other business entity.   (2) "Group" means two or more business entities that join together to purchase individual workers' compensation insurance policies covering each business entity that is part of a group.   History: En. Sec. 20, Ch. 619, L. 1993; amd. Sec. 7, Ch. 516, L. 1995; amd. Sec. 6, Ch. 172, L. 1997; amd. Sec. 6, Ch. 377, L. 1999.
MT Code § 39-71-433 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-433. Group purchase of workers' compensation insurance

  39-71-433. Group purchase of workers' compensation insurance. (1) Two or more business entities may join together to form a group to purchase individual workers' compensation insurance policies covering each member of the group.   (2) A group formed under this section may purchase individual workers' compensation insurance policies covering each member of the group from any insurer authorized to write workers' compensation insurance in this state, except that the state fund, as defined in 39-71-2312, has the right to refuse coverage of a group and its plan of operation but may not refuse coverage to an individual employer. Under an individual policy, the group is entitled to a premium or volume discount that would be applicable to a policy of the combined premium amount of the individual policies.   (3) A group shall apportion any discount or policyholder dividend received on workers' compensation insurance coverage among the members of the group according to a formula adopted in the plan of operation for the group.   (4) A group shall adopt a plan of operation that must include the composition and selection of a governing board, the methods for administering the group, the eligibility requirements to join the group, and guidelines for the workers' compensation insurance coverage obtained by the group, including the payment of premiums, the distribution of discounts, and the method for providing risk management.   History: En. Sec. 21, Ch. 619, L. 1993; amd. Sec. 8, Ch. 516, L. 1995; amd. Sec. 5, Ch. 310, L. 1997.
MT Code § 39-71-434 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-434. Deductible insurance policy provision for medical benefits

  39-71-434. Deductible insurance policy provision for medical benefits. (1) In order to lower the amount an employer is required to pay to obtain workers' compensation insurance coverage under this chapter, a workers' compensation policy issued by the state compensation insurance fund under plan No. 3 or by a private insurer under plan No. 2 must offer a deductible for the medical, hospital, and related services allowed under 39-71-704. The medical deductible must be offered in amounts of at least $500.   (2) If the insured employer chooses to accept a medical deductible, the insured employer is liable for the amount of the deductible for the medical benefits paid for each otherwise compensable claim of work injury suffered by an employee.   (3) The insured employer shall contract with the insurer to have the insurer pay the entire cost of the covered medical benefits directly to the provider of medical or related services and then seek reimbursement from the insured employer for the deductible amount. The insurer is entitled to reimbursement only for medical, hospital, and related services allowed under 39-71-704, up to the amount of the deductible.   (4) If an insured employer who has contracted with an insurer for a medical deductible does not pay the medical deductible amount to the insurer through reimbursement, the amount paid by the insurer on the claim may be included as benefits paid in a determination of the insured employer's rate.   (5) If an insured employer chooses to accept a medical deductible, then for purposes of computing rates and rating plans, all medical losses incurred must be reported to the insurer without regard to the application of any medical deductible regardless of whether the employer or the insurer pays the losses.   History: En. Sec. 1, Ch. 641, L. 1989; amd. Sec. 1, Ch. 666, L. 1991; amd. Sec. 1, Ch. 248, L. 1993.
MT Code § 39-71-435 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles

  39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles. (1) An insurer issuing a workers' compensation or an employer's liability insurance policy may offer to the policyholder, as part of the policy or by endorsement, optional deductibles for benefits payable under the policy consistent with the standards contained in subsection (3).   (2) The advisory organization designated under 33-16-1023 may develop and file a deductible plan or plans on behalf of its members consistent with the standards contained in subsection (3).   (3) The commissioner of insurance shall approve a deductible plan that is in accordance with the following standards:   (a) Claimants' rights are properly protected and claimants' benefits are paid without regard to the deductible.   (b) Premium reductions reflect the type and level of the deductible, consistent with accepted actuarial standards.   (c) Premium reductions for deductibles are determined before application of any experience modification, premium surcharge, or premium discount.   (d) Recognition is given to policyholder characteristics, including but not limited to size, financial capabilities, nature of activities, and number of employees.   (e) The policyholder is liable to the insurer for the deductible amount in regard to benefits paid for compensable claims.   (f) The insurer pays all of the deductible amount applicable to a compensable claim to the person or provider entitled to benefits and then seeks reimbursement from the policyholder for the applicable deductible amount.   (g) Failure by the policyholder to reimburse deductible amounts to the insurer is treated under the policy as nonpayment of premium.   (h) Losses subject to the deductible must be reported and recorded as losses for purposes of calculating rates for a policyholder on the same basis as losses under policies providing first dollar coverage.   (4) The state compensation insurance fund, plan No. 3, may adopt the plan filed by the designated advisory organization or adopt an optional deductible plan that meets the requirements of this section.   (5) For purposes of 39-71-201, 39-71-915, and 50-71-128, liability for assessments must be ascertained without regard to application of any deductible, whether the employer or the insurer pays the losses. For all other taxes and assessments based on premium, the amount of premium or assessment must be determined after application of the deductible.   History: En. Sec. 8, Ch. 619, L. 1993; amd. Sec. 24, Ch. 186, L. 1995; amd. Sec. 9, Ch. 214, L. 2001; amd. Sec. 2, Ch. 365, L. 2015.
MT Code § 39-71-436 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-436. through 39-71-440 reserved

  39-71-436 through 39-71-440 reserved.
MT Code § 39-71-441 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-441. Tribal employment coverage

  39-71-441. Tribal employment coverage. The department may, as provided in Title 18, chapter 11, enter into an agreement with a tribal government to recognize, with the same effect as the exclusive remedy and benefits under plans No. 1, 2, and 3, tribal workers' compensation plans or self-insured plans that the department determines provide adequate coverage to persons who are:   (1) employed by an enrolled tribal member or by an association, business, corporation, or other entity at least 51% of which is owned by one or more enrolled tribal members; and   (2) working outside the exterior boundaries of an Indian reservation.   History: En. Sec. 1, Ch. 112, L. 2009.
MT Code § 39-71-442 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 4. Coverage, Liability, and Subrogation|39-71-442. Employer option for extraterritorial coverage

  39-71-442. Employer option for extraterritorial coverage. (1) Notwithstanding 39-71-118(8)(a), an employee of an employer in this state who is employed by the employer to work solely in North Dakota, and who is required by the laws of that state to be covered for workers' compensation purposes while working in that state, is not considered to be an employee in this state covered under Title 39, chapter 71, during any time that the employer maintains workers' compensation coverage for the employee in North Dakota. For purposes of this section, "work solely in North Dakota" means the employee does not perform job duties in Montana and coverage is required by the state of North Dakota. Travel that is commuting to and from a job site in North Dakota from a location in Montana does not constitute performing job duties in Montana even if the employer pays for all or a portion of the costs of travel or if the worker is paid for the travel time.   (2) A plan No. 1, 2, or 3 insurer providing coverage to the employer under this chapter may require proof of coverage in North Dakota and records of work in North Dakota. An insurer may use a verification of employment form, developed by the department, to request an attestation by the employer regarding the employees working solely in North Dakota.   (3) (a) This section does not exempt an employee from coverage under this chapter when the employee's usual job duties begin in this state and the employee is otherwise covered under 39-71-407(4)(a).   (b) This section exempts an employee from coverage under this chapter when the employee is engaged in travel while commuting as provided in subsection (1).   History: En. Sec. 1, Ch. 315, L. 2015.