reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-108. False statement on employment questionnaire

39-71-108. False statement on employment questionnaire.
(1) A false statement made by an employee in an employer-provided written questionnaire calling for the disclosure of an employee's medical condition that is relevant to the essential functions of the job following a conditional offer of employment bars all wage-loss or medical benefits under this chapter if all of the following conditions are met:
(a) the employee knowingly or willfully, by omission or commission, makes a false representation regarding the employee's physical condition that is relevant to the essential functions of the job;
(b) the employer relies on the false representation and that reliance is a contributing factor in the hiring of the employee; and
(c) there is a causal connection between the falsely represented condition and the injury or occupational disease for which wage-loss or medical benefits are claimed.
(2) The employee has the right to petition the workers' compensation court after satisfying the mediation requirements of this chapter if the employee disagrees with a decision to terminate benefits or bar benefits as provided under subsection (1).
History: En. Sec. 1, Ch. 63, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-119. Injury and accident defined

39-71-119. Injury and accident defined.
(1) "Injury" or "injured" means:
(a) internal or external physical harm to the body that is established by objective medical findings;
(b) damage to prosthetic devices;
(c) damage to appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids; or
(d) death.
(2) An injury is caused by an accident. An accident is:
(a) an unexpected traumatic incident or unusual strain;
(b) identifiable by time and place of occurrence;
(c) identifiable by member or part of the body affected; and
(d) caused by a specific event on a single day or during a single work shift.
(3) "Injury" or "injured" does not mean a physical or mental condition arising from:
(a) emotional or mental stress; or
(b) a nonphysical stimulus or activity.
(4) "Injury" or "injured" does not include a disease that is not caused by an accident.
(5) (a) A cardiovascular, pulmonary, respiratory, or other disease, cerebrovascular accident, or myocardial infarction suffered by a worker is an injury only if the accident is the primary cause of the physical condition in relation to other factors contributing to the physical condition.
(b) "Primary cause", as used in subsection (5)(a), means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.
History: Ap. p. Sec. 6, Ch. 96, L. 1915; re-en. Sec. 2870, R.C.M. 1921; re-en. Sec. 2870, R.C.M. 1935; amd. Sec. 6, Ch. 162, L. 1961; amd. Sec. 6, Ch. 149, L. 1965; amd. Sec. 1, Ch. 270, L. 1967; amd. Sec. 1, Ch. 488, L. 1973; Sec. 92-418, R.C.M. 1947; Ap. p. Sec. 2, Ch. 488, L. 1973; Sec. 92-418.1, R.C.M. 1947; (3)En. Sec. 6, Ch. 96, L. 1915; re-en. Sec. 2864, R.C.M. 1921; re-en. Sec. 2864, R.C.M. 1935; Sec. 92-412, R.C.M. 1947; R.C.M. 1947, 92-412, 92-418, 92-418.1; amd. Sec. 3, Ch. 464, L. 1987; amd. Sec. 6, Ch. 243, L. 1995; amd. Sec. 2, Ch. 197, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-120. Repealed

39-71-120. Repealed.
Sec. 13, Ch. 448, L. 2005.
History: En. 92-438.1 by Sec. 1, Ch. 251, L. 1973; R.C.M. 1947, 92-438.1; amd. Sec. 5, Ch. 314, L. 1987; amd. Sec. 30, Ch. 500, L. 1995; amd. Sec. 11, Ch. 548, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 1. General Provisions › 39-71-124. Applicability of Workers' Compensation Act -- exceptions

39-71-124. Applicability of Workers' Compensation Act -- exceptions.
Except as provided in 39-71-407, 39-71-601, and 39-71-603 [and as specified in 39-71-1401], this chapter applies to injuries and occupational diseases. (Bracketed language void on occurrence of contingency--sec. 7, Ch. 158, L. 2019.)
History: En. Sec. 1, Ch. 416, L. 2005; amd. Sec. 4, Ch. 158, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-202. Office of department

39-71-202. Office of department.
The department shall keep its principal office in the capital of the state. It may rent or lease quarters for the conduct of its administrative duties.
History: En. Sec. 2, Ch. 96, L. 1915; re-en. Sec. 2826, R.C.M. 1921; re-en. Sec. 2826, R.C.M. 1935; amd. Sec. 1, Ch. 234, L. 1969; amd. Sec. 1, Ch. 23, L. 1975; R.C.M. 1947, 92-111; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-203. Powers of department -- rules

39-71-203. Powers of department -- rules.
(1) The department is hereby vested with full power, authority, and jurisdiction to do and perform any and all things that are necessary or convenient in the exercise of any power, authority, or jurisdiction conferred upon it under this chapter.
(2) The department may adopt rules to carry out the provisions of this chapter.
History: En. Sec. 18, Ch. 96, L. 1915; re-en. Sec. 2940, R.C.M. 1921; re-en. Sec. 2940, R.C.M. 1935; amd. Sec. 26, Ch. 23, L. 1975; R.C.M. 1947, 92-814; amd. Sec. 5, Ch. 464, L. 1987; amd. Sec. 1, Ch. 525, L. 1987; amd. Sec. 15, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-204. Hearings -- rules of evidence -- appeal, rescission, alteration, or amendment by department of its orders, decisions, or awards -- effect -- appeal

39-71-204. Hearings -- rules of evidence -- appeal, rescission, alteration, or amendment by department of its orders, decisions, or awards -- effect -- appeal.
(1) The statutory and common-law rules of evidence do not apply to a hearing before the department under this chapter. A petition for a hearing before the department must be filed within 2 years after benefits are denied.
(2) A hearing under this chapter may be conducted by telephone or by videoconference.
(3) The department has continuing jurisdiction over all its orders, decisions, and awards and may, at any time, upon notice, and after opportunity to be heard is given to the parties in interest, rescind, alter, or amend any order, decision, or award made by it upon good cause.
(4) Any order, decision, or award rescinding, altering, or amending a prior order, decision, or award has the same effect as original orders or awards.
(5) If a party is aggrieved by a department order, the party may appeal the dispute to the workers' compensation judge.
History: En. Sec. 20, Ch. 96, L. 1915; re-en. Sec. 2952, R.C.M. 1921; amd. Sec. 9, Ch. 177, L. 1929; re-en. Sec. 2952, R.C.M. 1935; amd. Sec. 1, Ch. 67, L. 1937; amd. Sec. 40, Ch. 23, L. 1975; R.C.M. 1947, 92-826; amd. Sec. 1, Ch. 63, L. 1979; amd. Sec. 6, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 4, Ch. 103, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-205. Department authorized to charge certain fees -- disposition of

39-71-205. Department authorized to charge certain fees -- disposition of.
(1) The department shall have power and authority to charge and collect a fee for copies of papers and records, including certified copies of documents and orders filed in its office, sufficient to recover the cost of the material and the time expended, as fixed by the department.
(2) The department shall have power and authority to fix and collect reasonable charges for publications issued under its authority.
(3) The fees charged and collected under this section shall be paid monthly into the treasury of the state to the credit of the state special revenue fund and shall be accompanied by detailed statement thereof.
History: En. Sec. 2, Ch. 96, L. 1915; re-en. Sec. 2834, R.C.M. 1921; re-en. Sec. 2834, R.C.M. 1935; amd. Sec. 165, Ch. 147, L. 1963; amd. Sec. 4, Ch. 23, L. 1975; R.C.M. 1947, 92-119; amd. Sec. 2, Ch. 21, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-206. Legal advisers of department and state fund -- investigative and prosecution services

39-71-206. Legal advisers of department and state fund -- investigative and prosecution services.
(1) The attorney general is the legal adviser of the department and the state fund and shall represent either entity in all proceedings if requested by the department or state fund. The department and state fund may employ other attorneys or legal advisers as they consider necessary.
(2) As provided in 2-15-2015, the attorney general shall provide investigative and prosecution services to the state fund with respect to violations of this chapter.
History: En. Sec. 2, Ch. 96, L. 1915; re-en. Sec. 2835, R.C.M. 1921; re-en. Sec. 2835, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1937; amd. Sec. 174, Ch. 147, L. 1963; amd. Sec. 5, Ch. 23, L. 1975; R.C.M. 1947, 92-120; amd. Sec. 1, Ch. 283, L. 1983; amd. Sec. 16, Ch. 613, L. 1989; amd. Sec. 2, Ch. 296, L. 1993; amd. Sec. 14, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-207. Repealed

39-71-207. Repealed.
Sec. 4, Ch. 239, L. 1989.
History: En. 92-121 by Sec. 1, Ch. 332, L. 1973; R.C.M. 1947, 92-121; amd. Sec. 51, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-208. Blank forms, minutes, and records

39-71-208. Blank forms, minutes, and records.
The department shall cause to be printed such blank forms as it considers necessary to facilitate or promote the efficient administration of this chapter. It shall provide a record of all awards made by the department and such other books or records as it considers necessary for the purpose and efficient administration of this chapter. All such records are to be kept in the office of the department.
History: En. Sec. 2, Ch. 96, L. 1915; re-en. Sec. 2832, R.C.M. 1921; re-en. Sec. 2832, R.C.M. 1935; amd. Sec. 2, Ch. 23, L. 1975; R.C.M. 1947, 92-117; amd. Sec. 1, Ch. 103, L. 1979; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-209. Publication of reports and bulletins authorized

39-71-209. Publication of reports and bulletins authorized.
The department shall have the power and authority to publish and distribute at its discretion from time to time such further reports and bulletins covering its operations, proceedings, and matters relative to its work as it may deem advisable.
History: En. Sec. 2, Ch. 96, L. 1915; re-en. Sec. 2833, R.C.M. 1921; re-en. Sec. 2833, R.C.M. 1935; amd. Sec. 41, Ch. 93, L. 1969; amd. Sec. 3, Ch. 23, L. 1975; R.C.M. 1947, 92-118; amd. Sec. 12, Ch. 125, L. 1983; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-210. Repealed

39-71-210. Repealed.
Sec. 3, Ch. 370, L. 1989.
History: En. Sec. 25, Ch. 96, L. 1915; re-en. Sec. 2968, R.C.M. 1921; re-en. Sec. 2968, R.C.M. 1935; amd. Sec. 50, Ch. 23, L. 1975; R.C.M. 1947, 92-842; amd. Sec. 2, Ch. 103, L. 1979; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-211. Fraud detection and prevention unit -- expenditure accounting

39-71-211. Fraud detection and prevention unit -- expenditure accounting.
(1) The state fund shall establish a fraud prevention and detection unit. The unit is responsible for developing detection and prevention procedures, providing detection services, and providing training in the prevention and detection of fraudulent conduct under this chapter that is subject to prosecution under Title 45. The unit shall refer all cases of suspected fraudulent conduct to the workers' compensation fraud investigation and prosecution office established in 2-15-2015.
(2) The state fund shall expend money to investigate fraud pursuant to this section and shall separately account for money expended.
History: En. Sec. 3, Ch. 296, L. 1993; amd. Sec. 15, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-221. Repealed

39-71-221. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-844 by Sec. 1, Ch. 25, L. 1975; R.C.M. 1947, 92-844; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-222. Repealed

39-71-222. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-845 by Sec. 2, Ch. 25, L. 1975; R.C.M. 1947, 92-845; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-223. Certified copies of public records -- fees

39-71-223. Certified copies of public records -- fees.
(1) The department shall, on demand, furnish a certified copy of any public record to a person who has a right to inspect it, if the record is of a nature permitting such copying, or shall furnish reasonable opportunity to inspect or copy.
(2) The department may establish fees reasonably calculated to reimburse the department for its actual cost in making such records available.
History: En. 92-846 by Sec. 3, Ch. 25, L. 1975; R.C.M. 1947, 92-846; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 2. Administrative Provisions › 39-71-224. Records exempt from disclosure -- separation of exempt material from nonexempt

39-71-224. Records exempt from disclosure -- separation of exempt material from nonexempt.
(1) In assuring that the right of individual privacy so essential to the well-being of a free society shall not be infringed without the showing of a compelling state interest, the following public records of the department are exempt from disclosure:
(a) information of a personal nature such as personal, medical, or similar information if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
(b) any public records or information, the disclosure of which is prohibited by federal law or regulations.
(2) If any public record of the department contains material which is not exempt under subsection (1) of this section, as well as material which is exempt from disclosure, the department shall separate the exempt and nonexempt and make the nonexempt material available for examination.
History: En. 92-847 by Sec. 4, Ch. 25, L. 1975; R.C.M. 1947, 92-847; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-301. Certificates and certified copies as evidence

39-71-301. Certificates and certified copies as evidence.
(1) Copies of official documents and orders filed or deposited according to law in the office of the department, certified to by a member of the department or by the secretary under the official seal of the department to be true copies of the original, shall be evidence in like manner as the originals.
(2) In any court proceeding wherein the question as to whether or not an employer or employee has complied with and is operating under or bound by the provisions of the Workers' Compensation Act of the state of Montana is a question for determination, a certificate by a member of the department, or by the secretary under the official seal of the department, certifying that such employer or employee has or has not complied with and is or is not operating under and is or is not bound by the provisions of the Workers' Compensation Act of the state of Montana shall be prima facie evidence thereof.
History: En. Sec. 18, Ch. 96, L. 1915; re-en. Sec. 2944, R.C.M. 1921; amd. Sec. 8, Ch. 177, L. 1929; re-en. Sec. 2944, R.C.M. 1935; amd. Sec. 31, Ch. 23, L. 1975; R.C.M. 1947, 92-818; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-302. Repealed

39-71-302. Repealed.
Sec. 12, Ch. 103, L. 2005.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3009, R.C.M. 1921; re-en. Sec. 3009, R.C.M. 1935; amd. Sec. 11, Ch. 235, L. 1947; amd. Sec. 1, Ch. 146, L. 1971; amd. Sec. 5, Ch. 443, L. 1973; R.C.M. 1947, 92-1121; amd. Sec. 54, Ch. 397, L. 1979; amd. Sec. 8, Ch. 333, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-303. Repealed

39-71-303. Repealed.
Sec. 12, Ch. 103, L. 2005.
History: En. Sec. 11, Ch. 96, L. 1915; re-en. Sec. 2904, R.C.M. 1921; re-en. Sec. 2904, R.C.M. 1935; amd. Sec. 14, Ch. 23, L. 1975; R.C.M. 1947, 92-607(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 3, Ch. 172, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-304. Books, records, and payrolls to be open to inspection -- penalty for refusal -- subpoenas

39-71-304. Books, records, and payrolls to be open to inspection -- penalty for refusal -- subpoenas.
(1) The books, records, and payrolls of an employer pertinent to the administration of this chapter must always be open to inspection by the department or any authorized employee of the department for the purpose of ascertaining the correctness of the payroll, the number of workers employed, and other information that may be necessary for the department and its management under this chapter. Refusal on the part of an employer to submit the books, records, and payrolls for inspection will subject the offending employer to a penalty not exceeding $500 for each offense, to be collected through a civil action in the name of the state and paid into the state treasury.
(2) In addition to the remedy provided in subsection (1), the department may issue subpoenas and compel testimony for the production of evidence, including books, records, papers, documents, and other objects that may be necessary and proper in regard to any investigation or proceeding under this chapter. In the case of disobedience of a subpoena issued and served or the refusal of a witness to testify as to any matter for which the witness may be interrogated in a proceeding before the department, the department may apply to a district court for an order to compel compliance with the subpoena or testimony. Disobedience of the court's order constitutes contempt of court.
History: En. Sec. 19, Ch. 96, L. 1915; re-en. Sec. 2946, R.C.M. 1921; re-en. Sec. 2946, R.C.M. 1935; amd. Sec. 166, Ch. 147, L. 1963; amd. Sec. 33, Ch. 23, L. 1975; R.C.M. 1947, 92-820; amd. Sec. 3, Ch. 103, L. 1979; amd. Sec. 55, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 3, Ch. 555, L. 1993; amd. Sec. 10, Ch. 442, L. 1999; amd. Sec. 6, Ch. 214, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-305. Repealed

39-71-305. Repealed.
Sec. 16, Ch. 103, L. 1979.
History: En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2930, R.C.M. 1921; re-en. Sec. 2930, R.C.M. 1935; amd. Sec. 20, Ch. 23, L. 1975; R.C.M. 1947, 92-804.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-306. Insurers to file summary reports of benefits paid for injuries and miscellaneous expenses and statements of medical expenditures

39-71-306. Insurers to file summary reports of benefits paid for injuries and miscellaneous expenses and statements of medical expenditures.
(1) Each insurer shall, on or before the 15th day after each state government fiscal quarter ends, file with the department:
(a) summary reports of benefits for all compensation payments made during the previous state fiscal quarter to injured workers or their beneficiaries or dependents;
(b) statements showing the amounts expended during the previous state fiscal quarter for all medical services for injured workers; and
(c) statements showing all miscellaneous amounts, other than compensation and medical expenditures, paid during the previous state fiscal quarter to or on behalf of injured workers or their beneficiaries or dependents and not otherwise reported as an expenditure for the workers' compensation administration assessment provided for in 39-71-201.
(2) An insurer that fails to file the summary report required by this section or the annual paid losses report required in 39-71-201 within 5 days after the date on which either report is due may be assessed a penalty in an amount of not less than $250 or more than $1,000 to be deposited in the workers' compensation administration fund.
History: En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2932, R.C.M. 1921; re-en. Sec. 2932, R.C.M. 1935; amd. Sec. 21, Ch. 23, L. 1975; R.C.M. 1947, 92-806; amd. Sec. 56, Ch. 397, L. 1979; amd. Sec. 17, Ch. 613, L. 1989; amd. Sec. 3, Ch. 558, L. 1991; amd. Sec. 7, Ch. 214, L. 2001; amd. Sec. 2, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-307. Employers and insurers to file reports -- penalty

39-71-307. Employers and insurers to file reports -- penalty.
(1) Every employer insured by a plan No. 2 or a plan No. 3 insurer is required to file with the employer's insurer, under rules adopted by the department, a full and complete report of every accident, injury, or occupational disease to an employee arising out of or in the course of employment.
(2) Every insurer transacting business under this chapter shall, under rules adopted by the department, make and file with the department the reports of every injury or occupational disease.
(3) An employer or insurer who refuses or neglects to submit the reports necessary for the proper filing and review of a claim, as provided in subsection (1) or (2), shall be assessed a penalty of not less than $200 or more than $500 for each offense. The department shall assess and collect the penalty. An employer or insurer may contest a penalty assessment in a hearing conducted according to department rules.
History: (1)En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2934, R.C.M. 1921; re-en. Sec. 2934, R.C.M. 1935; amd. Sec. 22, Ch. 23, L. 1975; Sec. 92-808, R.C.M. 1947; (2)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2987, R.C.M. 1921; re-en. Sec. 2987, R.C.M. 1935; amd. Sec. 64, Ch. 23, L. 1975; Sec. 92-1010, R.C.M. 1947; R.C.M. 1947, 92-808, 92-1010; amd. Sec. 14, Ch. 333, L. 1989; amd. Secs. 18, 64, Ch. 613, L. 1989; amd. Sec. 2, Ch. 619, L. 1993; amd. Sec. 5, Ch. 103, L. 2005; amd. Sec. 5, Ch. 140, L. 2005; amd. Sec. 10, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-308. Repealed

39-71-308. Repealed.
Sec. 12, Ch. 103, L. 2005.
History: En. Sec. 3, Ch. 96, L. 1915; amd. Sec. 1, Ch. 100, L. 1919; amd. Sec. 1, Ch. 196, L. 1921; re-en. Sec. 2840, R.C.M. 1921; re-en. Sec. 2840, R.C.M. 1935; amd. Sec. 1, Ch. 410, L. 1971; amd. Sec. 6, Ch. 23, L. 1975; R.C.M. 1947, 92-206(part); amd. Sec. 3, Ch. 21, L. 1981; amd. Sec. 19, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-309. Repealed

39-71-309. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. 92-706.1 by Sec. 1, Ch. 252, L. 1973; amd. Sec. 1, Ch. 43, L. 1975; amd. Sec. 1, Ch. 189, L. 1975; R.C.M. 1947, 92-706.1(2); amd. Sec. 57, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-315. Prohibited actions -- penalty

39-71-315. Prohibited actions -- penalty.
(1) The following actions by a health care provider constitute violations and are subject to the penalty in subsection (2):
(a) failing to certify the provision of the services or treatment for which compensation is claimed under this chapter; or
(b) referring a worker for treatment or diagnosis of an injury or illness that is compensable under this chapter to a facility owned wholly or in part by the provider, unless the provider informs the worker of the ownership interest and provides the name and address of alternate facilities, if any exist.
(2) A person who violates this section may be assessed a penalty of not less than $200 or more than $500 for each offense. The department shall assess and collect the penalty. Penalties collected pursuant to this section must be paid into the state general fund. The workers' compensation court has jurisdiction over actions brought to collect the penalty and over disputes concerning the penalty assessment. Disputes brought pursuant to this section are not subject to mediation.
(3) Subsection (1)(b) does not apply to medical services provided to an injured worker by a treating physician with an ownership interest in a managed care organization that has been certified by the department.
History: En. Sec. 16, Ch. 619, L. 1993; amd. Sec. 4, Ch. 516, L. 1995; amd. Sec. 11, Ch. 442, L. 1999; amd. Sec. 3, Ch. 69, L. 2005; amd. Sec. 16, Ch. 416, L. 2005; amd. Sec. 5, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-316. Filing true claim -- obtaining benefits through deception or other fraudulent means

39-71-316. Filing true claim -- obtaining benefits through deception or other fraudulent means.
(1) A person filing a claim under this chapter, by signing the claim, affirms the information filed is true and correct to the best of that person's knowledge.
(2) (a) A person who obtains or assists in obtaining benefits to which the person is not entitled or who obtains or assists another person in obtaining benefits to which the other person is not entitled under this chapter is guilty of theft and may be prosecuted under 45-6-301. A county attorney or the attorney general may initiate criminal proceedings against the person. This subsection includes but is not limited to a person who is receiving temporary total disability benefits, permanent total disability benefits, or rehabilitation benefits while working without the knowledge and concurrence of the insurer.
(b) As used in subsection (2)(a), "person" includes but is not limited to an employee, employer, insurer, or medical service provider.
(3) (a) The department may require a person convicted of theft under 45-6-301(5) to pay to the department an amount equal to 10 times the amount paid by an insurer on the false claim, provided that the amount does not exceed $50,000. If upon demand of the department the person refuses to pay the fine, the department may petition the workers' compensation court to collect the money owed.
(b) The department shall:
(i) use the money collected pursuant to subsection (3)(a) to administer and enforce the provisions of this section; and
(ii) forward any surplus money to the department of justice. The forwarded money must be used exclusively for the staffing and operation of the workers' compensation fraud investigation and prosecution office established in 2-15-2015.
(c) This section does not limit an insurer's civil remedies to collect for money paid to a person convicted under 45-6-301(5).
(4) A person licensed under the provisions of Title 37 is subject to suspension, revocation, or denial of a license if the person knowingly claims or assists in the claiming of benefits in violation of the provisions of this chapter.
History: En. Sec. 7, Ch. 464, L. 1987; amd. Sec. 4, Ch. 296, L. 1993; amd. Sec. 1, Ch. 618, L. 1993; amd. Sec. 9, Ch. 619, L. 1993; amd. Sec. 12, Ch. 442, L. 1999; amd. Sec. 17, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-317. Employer not to terminate worker for filing claim -- preference -- jurisdiction over dispute

39-71-317. Employer not to terminate worker for filing claim -- preference -- jurisdiction over dispute.
(1) An employer may not use as grounds for terminating a worker the filing of a claim under this chapter. The district court has exclusive jurisdiction over disputes concerning the grounds for termination under this section.
(2) When an injured worker is capable of returning to work within 2 years from the date of injury and has received a medical release to return to work, the worker must be given a preference over other applicants for a comparable position that becomes vacant if the position is consistent with the worker's physical condition and vocational abilities.
(3) This preference applies only to employment with the employer for whom the employee was working at the time the injury occurred.
(4) The workers' compensation court has exclusive jurisdiction to administer or resolve a dispute concerning the reemployment preference under this section. A dispute concerning the reemployment preference is not subject to mediation or a contested case hearing.
History: En. Sec. 20, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 13, Ch. 442, L. 1999; amd. Sec. 18, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-318. Repealed

39-71-318. Repealed.
Sec. 12, Ch. 103, L. 2005.
History: En. Sec. 1, Ch. 558, L. 1991; amd. Sec. 5, Ch. 516, L. 1995; amd. Sec. 7, Ch. 276, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-319. State to reimburse certain premium costs for learning programs -- rulemaking

39-71-319. State to reimburse certain premium costs for learning programs -- rulemaking.
(1) (a) Subject to subsection (1)(b), the department of labor and industry shall reimburse a private employer who has hired a student enrolled in a high-quality work-based learning opportunity for the added costs of the employer's workers' compensation premium because of employing that student.
(b) The reimbursement is subject to available funds and an affirmation by the employer or another indication that the employer adheres to safe working conditions and that the first 2 hours, at a minimum, of the student's employment were devoted to safety instruction through a safety training program that is specific to the student's employment. The department may use funds in the workers' compensation administration fund provided for in 39-71-201 to reimburse the premiums under subsection (1)(a).
(2) The rules must provide the parameters of the program, the application process, and other components necessary to determine premium payments. The rules must describe the attributes of qualified high-quality work-based learning opportunities and provide for a declaration made under penalty of perjury by the employer of the student that the requested reimbursement is only for the increased premium costs due to the student employment.
(3) This section does not apply to a private secondary or postsecondary institution that employs students in work-study programs.
(4) For the purposes of this section, a high-quality work-based learning opportunity:
(a) is a term-limited educational program registered with the department; and
(b) uses on-the-job training to develop marketable skills.
(5) The department may adopt rules to implement this section.
History: En. Sec. 1, Ch. 400, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 3. Miscellaneous Provisions › 39-71-325. Claim summary and actuarial documentation for impaired insurer

39-71-325. Claim summary and actuarial documentation for impaired insurer.
(1) An insurer becomes impaired if the insurer:
(a) becomes insolvent;
(b) is placed in receivership or administration;
(c) declares bankruptcy; or
(d) seeks protection from its creditors.
(2) An impaired insurer shall, within 30 days of the insurer becoming impaired, furnish the department with a claim summary and actuary information relevant to each claim for which the insurer may have future liability.
History: En. Sec. 14, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-404. Repealed

39-71-404. Repealed.
Sec. 16, Ch. 103, L. 1979.
History: En. Sec. 3, Ch. 96, L. 1915; amd. Sec. 1, Ch. 100, L. 1919; amd. Sec. 1, Ch. 196, L. 1921; re-en. Sec. 2840, R.C.M. 1921; re-en. Sec. 2840, R.C.M. 1935; amd. Sec. 1, Ch. 410, L. 1971; amd. Sec. 6, Ch. 23, L. 1975; R.C.M. 1947, 92-206(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-405. Liability of employer who contracts work out

39-71-405. Liability of employer who contracts work out.
(1) An employer who contracts with an independent contractor to have work performed of a kind which is a regular or a recurrent part of the work of the trade, business, occupation, or profession of such employer is liable for the payment of benefits under this chapter to the employees of the contractor if the contractor has not properly complied with the coverage requirements of the Worker's Compensation Act. Any insurer who becomes liable for payment of benefits may recover the amount of benefits paid and to be paid and necessary expenses from the contractor primarily liable therein.
(2) Where an employer contracts to have any work to be done by a contractor other than an independent contractor, and the work so contracted to be done is a part or process in the trade or business of the employer, then the employer is liable to pay all benefits under this chapter to the same extent as if the work were done without the intervention of the contractor, and the work so contracted to be done shall not be construed to be casual employment. Where an employer contracts work to be done as specified in this subsection, the contractor and the contractor's employees shall come under that plan of compensation adopted by the employer.
(3) Where an employer contracts any work to be done, wholly or in part for the employer, by an independent contractor, where the work so contracted to be done is casual employment as to such employer, then the contractor shall become the employer for the purposes of this chapter.
History: (1)En. 92-410.1 by Sec. 1, Ch. 154, L. 1973; Sec. 92-410.1, R.C.M. 1947; (2), (3)En. Sec. 11, Ch. 96, L. 1915; re-en. Secs. 2901, 2902, 2903, R.C.M. 1921; re-en. Secs. 2901, 2902, 2903, R.C.M. 1935; Secs. 92-604, 92-605, 92-606, R.C.M. 1947; R.C.M. 1947, 92-410.1(part), 92-604, 92-605, 92-606; amd. Sec. 4, Ch. 103, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-406. Deduction from wages of any part of premium a misdemeanor

39-71-406. Deduction from wages of any part of premium a misdemeanor.
It is unlawful for the employer to deduct or obtain any part of any premium required to be paid by this chapter from the wages or earnings of the employer's workers, and the making or attempt to make any premium deduction is a misdemeanor.
History: En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2937, R.C.M. 1921; re-en. Sec. 2937, R.C.M. 1935; R.C.M. 1947, 92-811; amd. Sec. 59, Ch. 397, L. 1979; amd. Sec. 6, Ch. 101, L. 1985; amd. Sec. 8, Ch. 637, L. 1993; amd. Sec. 8, Ch. 276, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-408. Liability as first lien in case of bankruptcy or failure

39-71-408. Liability as first lien in case of bankruptcy or failure.
In case of bankruptcy, insolvency, liquidation, or the failure of an employer or insurer to meet any obligations imposed by this chapter, every liability which may be due under this chapter shall constitute a first lien upon any deposit made by such employer or insurer, and if such deposit shall not be sufficient to secure the payment of such liability in the manner and at the times provided for in this chapter, the deficiency shall be a lien upon all the property of such employer or insurer within this state and shall be prorated with other lienable claims and shall have preference over the claim of any creditor or creditors of such employer or insurer except the claims of other lienors.
History: En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2928, R.C.M. 1921; re-en. Sec. 2928, R.C.M. 1935; R.C.M. 1947, 92-802.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-409. Waivers by employee invalid

39-71-409. Waivers by employee invalid.
(1) An agreement by an employee to waive any rights under this chapter is not valid.
(2) (a) A person who possesses and is working under a current independent contractor exemption certificate issued by the department waives all rights and benefits of the Workers' Compensation Act unless the person elects coverage pursuant to 39-71-401(3)(b).
(b) A waiver by reason of an independent contractor exemption certificate is an exception to the general prohibition of waiving the advantage of a statute enacted for a public reason as provided for in 1-3-204.
History: En. Sec. 17, Ch. 96, L. 1915; re-en. Sec. 2929, R.C.M. 1921; re-en. Sec. 2929, R.C.M. 1935; R.C.M. 1947, 92-803; amd. Sec. 10, Ch. 448, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-410. Repealed

39-71-410. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. Sec. 3, Ch. 96, L. 1915; re-en. Sec. 2842, R.C.M. 1921; re-en. Sec. 2842, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1963; amd. Sec. 1, Ch. 145, L. 1971; amd. Sec. 1, Ch. 95, L. 1974; R.C.M. 1947, 92-208; amd. Sec. 60, Ch. 197, L. 1979.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.