reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 7. Compensation and Benefits Generally › 39-71-744. Benefits not due while claimant is incarcerated -- exceptions

39-71-744. Benefits not due while claimant is incarcerated -- exceptions.
(1) Except as provided in subsection (2), a claimant is not eligible for disability or rehabilitation compensation benefits while the claimant is incarcerated for a period exceeding 30 days in a correctional institution or jail as the result of conviction of a felony or a misdemeanor. The insurer remains liable for medical benefits. A time limit on benefits otherwise provided in this chapter is not extended due to a period of incarceration.
(2) A person who is employed while participating in a prerelease center program or a diversionary program is eligible for temporary total benefits as provided in 39-71-701 and medical benefits for a work-related injury received while participating in a prerelease center program or a diversionary program. Other disability or rehabilitation benefits are not payable while the worker is participating in a prerelease center. This subsection does not prohibit the reinstatement of other benefits upon release from incarceration, nor does it apply to an employee performing community service described in 39-71-118(1)(e).
History: En. Sec. 28, Ch. 464, L. 1987; amd. Sec. 1, Ch. 457, L. 1993; amd. Sec. 21, Ch. 243, L. 1995; amd. Sec. 31, Ch. 308, L. 1995; amd. Sec. 105, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 7. Compensation and Benefits Generally › 39-71-745. Calculation of volunteer firefighter benefits and premiums -- definitions

39-71-745. Calculation of volunteer firefighter benefits and premiums -- definitions.
(1) (a) A plan No. 1 or plan No. 2 insurer shall designate whether an employer, as defined in 7-33-4510, is to use actual volunteer hours or a flat assumed payroll amount for each volunteer firefighter for calculating premiums. The coverage option must be the same for all fire agencies organized under Title 7, chapter 33, that are covered by that insurer and meet the definition of employer in 7-33-4510. A plan No. 3 insurer shall use a flat assumed payroll amount for each volunteer firefighter for calculating premiums.
(b) If a plan No. 1 or plan No. 2 insurer uses actual volunteer hours, the payroll calculation is the number of actual volunteer hours of each volunteer firefighter, not to exceed 60 hours a week, times the state's average weekly wage divided by 40 hours.
(c) When a plan No. 1, plan No. 2, or plan No. 3 insurer uses a flat assumed payroll amount, the assumed payroll for each volunteer firefighter must be reported as a full month for any month in which the volunteer firefighter is on the roster of service as defined in 7-33-4510. The employer shall maintain the roster of service with the effective date of membership for each volunteer firefighter.
(2) For benefit purposes, if concurrent employment under 39-71-123 does not apply, a volunteer firefighter injured in the course and scope of employment as a volunteer firefighter is eligible for medical and compensation benefits provided in Title 39, chapter 71. Any weekly compensation benefit must be based on either the actual volunteer hours if chosen as provided in subsection (1)(b) or the flat assumed payroll amount on which premiums are based, whichever is applicable.
(3) For the purposes of this section, the following definitions apply:
(a) "Volunteer firefighter" has the meaning provided in 7-33-4510.
(b) "Volunteer hours" means the time spent by a volunteer firefighter in the service of a fire agency organized under Title 7, chapter 33, that meets the definition of employer in 7-33-4510, including but not limited to training time, response time, and time spent at the premises of the fire agency.
History: En. Sec. 6, Ch. 412, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-801. Repealed

39-71-801. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(part); amd. Sec. 70, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-802. Repealed

39-71-802. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-803. Repealed

39-71-803. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(8); amd. Sec. 33, Ch. 464, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-804. Repealed

39-71-804. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(1)(a).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-805. Repealed

39-71-805. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(1)(b) thru (f); amd. Sec. 11, Ch. 214, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-806. Repealed

39-71-806. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(2).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-807. Repealed

39-71-807. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(3); amd. Sec. 71, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-808. Repealed

39-71-808. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(4).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-809. Repealed

39-71-809. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(9).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-810. Repealed

39-71-810. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(6).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-811. Repealed

39-71-811. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(10).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-812. Repealed

39-71-812. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(7).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 8. Compensation for Occupational Deafness (Repealed) › 39-71-813. Repealed

39-71-813. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(5); amd. Sec. 72, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-901. Definitions

39-71-901. Definitions.
As used in this part, the following definitions apply:
(1) "Certificate" means documentation issued by the department to an individual who is a person with a disability.
(2) "Fund" means the subsequent injury fund in the proprietary fund category.
(3) "Person with a disability" means a person who has a medically certifiable permanent impairment that is a substantial obstacle to obtaining employment or to obtaining reemployment if the person should become unemployed, considering such factors as the person's age, education, training, experience, and employment rejection.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(1); amd. Sec. 10, Ch. 103, L. 1979; amd. Sec. 73, Ch. 397, L. 1979; amd. Sec. 24, Ch. 613, L. 1989; amd. Sec. 40, Ch. 472, L. 1997; amd. Sec. 19, Ch. 389, L. 1999; amd. Sec. 7, Ch. 193, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-902. Repealed

39-71-902. Repealed.
Sec. 7, Ch. 284, L. 1997.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part); amd. Sec. 74, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 8, Ch. 555, L. 1993; amd. Sec. 17, Ch. 516, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-903. Procedure

39-71-903. Procedure.
When a person with a disability receives an injury, as defined in 39-71-119, the procedure provided in this chapter applies to all proceedings under this part, except when specifically otherwise provided.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part); amd. Sec. 75, Ch. 397, L. 1979; amd. Sec. 4, Ch. 284, L. 1997; amd. Sec. 41, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-904. Rules for certification

39-71-904. Rules for certification.
The department shall promulgate rules for certification of persons with disabilities.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(4); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 42, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-905. Certification as person with disability -- eligibility for benefits under fund

39-71-905. Certification as person with disability -- eligibility for benefits under fund.
(1) A person who wishes to be certified as a person with a disability for purposes of this part shall apply to the department on forms furnished by the department. The department shall conduct an investigation and shall issue a certificate to a person who, in the department's discretion, meets the requirements for certification. A person shall apply for certification before an injury occurs that is covered by this part. The certification is effective retroactively to the date the department received the application.
(2) If a claimant has met the provisions of subsection (1) and a subsequent claim has been accepted by an insurer, the claim is eligible for the benefits under the fund.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(2); amd. Sec. 11, Ch. 103, L. 1979; amd. Sec. 1, Ch. 151, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 8, Ch. 558, L. 1991; amd. Sec. 43, Ch. 472, L. 1997; amd. Sec. 15, Ch. 377, L. 1999; amd. Sec. 1, Ch. 257, L. 2005; amd. Sec. 21, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-906. Repealed

39-71-906. Repealed.
Sec. 2, Ch. 257, L. 2005.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(3); amd. Sec. 12, Ch. 103, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 44, Ch. 472, L. 1997; amd. Sec. 12, Ch. 214, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-907. Certified person with a disability to be compensated for injury as provided by chapter -- insurer liability for compensation limited

39-71-907. Certified person with a disability to be compensated for injury as provided by chapter -- insurer liability for compensation limited.
(1) A person certified as having a physical or mental disability that constitutes or results in a substantial impediment to employment who receives an injury, as defined in 39-71-119, that results in death or disability must be paid compensation in the manner and to the extent provided in this chapter or, in case of death resulting from the injury, the compensation must be paid to the person's beneficiaries or dependents. The liability of the insurer for payment of medical and burial benefits as provided in this chapter is limited to those benefits arising from services rendered during the period of 104 weeks after the date of injury. The liability of the insurer for payment of benefits as provided in this chapter is limited to 104 weeks of compensation benefits actually paid. Thereafter, all compensation and the cost of all medical care and burial are the liability of the fund.
(2) The liability of the fund for reimbursement under this section is limited to the amount currently in the fund at the time the reimbursement request is received by the fund and the amount collectible in the next assessment period pursuant to 39-71-915.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(5); amd. Sec. 76, Ch. 397, L. 1979; amd. Sec. 1, Ch. 213, L. 1987; amd. Sec. 9, Ch. 555, L. 1993; amd. Sec. 5, Ch. 284, L. 1997; amd. Sec. 45, Ch. 472, L. 1997; amd. Sec. 20, Ch. 389, L. 1999; amd. Sec. 7, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-908. Notification of fund of its potential liability under part -- review by fund

39-71-908. Notification of fund of its potential liability under part -- review by fund.
Not less than 90 or more than 150 days before the expiration of 104 weeks after the date of injury, the insurer shall notify the fund whether it is likely that compensation may be payable beyond a period of 104 weeks after the date of the injury. The fund thereafter may review, at reasonable times, such information as the insurer has regarding the accident and the nature and extent of the injury and disability.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part); amd. Sec. 77, Ch. 397, L. 1979; amd. Sec. 25, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-909. Effect of fund's failure to give notification of its intent to dispute liability -- subsequent notification by fund authorized

39-71-909. Effect of fund's failure to give notification of its intent to dispute liability -- subsequent notification by fund authorized.
If the fund does not notify the insurer of its intent to dispute the payment of compensation, medical, and burial benefits, the insurer shall continue to make payments on behalf of the fund and shall be reimbursed by the fund for all benefits paid in excess of the insurer's liability. However, at any time subsequent to 104 weeks after the date of injury, the fund may notify the insurer of a dispute as to payment of benefits. The liability of the fund to reimburse the insurer shall be suspended 30 days thereafter until the controversy is determined.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(7); amd. Sec. 2, Ch. 213, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-910. Repealed

39-71-910. Repealed.
Sec. 7, Ch. 284, L. 1997.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(9) thru (12); amd. Sec. 78, Ch. 397, L. 1979; amd. Secs. 26, 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-911. Obligation to make payments on behalf of fund not independent liability

39-71-911. Obligation to make payments on behalf of fund not independent liability.
Except as provided in 39-71-909 and 39-71-920, the obligation imposed by this part on the insurer to make payments on behalf of the fund does not impose an independent liability on the insurer.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part); amd. Sec. 27, Ch. 613, L. 1989; amd. Sec. 8, Ch. 193, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-912. Reimbursement to be promptly made

39-71-912. Reimbursement to be promptly made.
After the right to reimbursement has been established, reimbursement payment shall be made promptly on a proper showing every 6 months.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-913. Repealed

39-71-913. Repealed.
Sec. 7, Ch. 284, L. 1997.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part); amd. Sec. 28, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-914. Repealed

39-71-914. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. 92-709.1 by Sec. 1, Ch. 254, L. 1973; R.C.M. 1947, 92-709.1(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-916. Reimbursement of subsequent injury fund -- effect on claims experience rating

39-71-916. Reimbursement of subsequent injury fund -- effect on claims experience rating.
An insurer that uses an employer's claims costs experience as a factor that influences the amount of premium charged to that particular employer by using an experience modification factor or similar rating technique may not base that factor on those claims costs that are reimbursed by the subsequent injury fund.
History: En. Sec. 2, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 9. Subsequent Injury Received by Vocationally Handicapped › 39-71-920. Concurrence of fund in settlements

39-71-920. Concurrence of fund in settlements.
(1) Petitions for compromise settlements that potentially involve payments from the fund must have written concurrence by an authorized representative of the fund prior to submission for department approval.
(2) The failure to receive written concurrence from the fund's representative relieves the fund of any liability for payment of benefits for a compromise settlement, and the obligation to pay remains with the insurer.
History: En. Sec. 10, Ch. 193, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1001. Repealed

39-71-1001. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. Sec. 1, Ch. 21, L. 1961; amd. Sec. 1, Ch. 221, L. 1963; amd. Sec. 83, Ch. 23, L. 1975; R.C.M. 1947, 92-1401; amd. Sec. 79, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1002. Repealed

39-71-1002. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. Sec. 2, Ch. 21, L. 1961; amd. Sec. 84, Ch. 23, L. 1975; R.C.M. 1947, 92-1402.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1003. Repealed

39-71-1003. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 3, Ch. 21, L. 1961; amd. Sec. 1, Ch. 363, L. 1971; R.C.M. 1947, 92-1403; amd. Sec. 80, Ch. 397, L. 1979; amd. Sec. 3, Ch. 374, L. 1985; amd. Sec. 35, Ch. 464, L. 1987; amd. Sec. 7, Ch. 574, L. 1991; amd. Sec. 106, Ch. 546, L. 1995; amd. Sec. 1, Ch. 122, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1004. Repealed

39-71-1004. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 7, Ch. 21, L. 1961; amd. Sec. 3, Ch. 221, L. 1963; amd. Sec. 85, Ch. 23, L. 1975; R.C.M. 1947, 92-1406; amd. Sec. 2, Ch. 283, L. 1983; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 107, Ch. 546, L. 1995; amd. Sec. 2, Ch. 122, L. 1997; amd. Sec. 17, Ch. 377, L. 1999; amd. Sec. 11, Ch. 193, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1005. Repealed

39-71-1005. Repealed.
Sec. 68, Ch. 464, L. 1987.
History: En. Sec. 1, Ch. 123, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1011. Definitions

39-71-1011. Definitions.
As used in this part, the following definitions apply:
(1) "Assistance fund" means the stay-at-work/return-to-work assistance fund provided for in 39-71-1049.
(2) "Commission on rehabilitation counselor certification" means the nonprofit, independent, fee-structured organization that is a member of the national commission for health certifying agencies and that is established to certify rehabilitation providers.
(3) "Disabled worker" means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury.
(4) "Insurer's stay-at-work/return-to-work assistance policy" or "assistance policy" means a written stay-at-work/return-to-work policy that explains to the worker the process of evaluation, planning, implementation, and provision of services by the insurer prior to the determination that the worker meets the definition of a disabled worker. The services are intended to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. This assistance may include a rehabilitation plan.
(5) "Rehabilitation benefits" means benefits provided in 39-71-1006 and 39-71-1025.
(6) "Rehabilitation plan" means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss.
(7) "Rehabilitation provider" means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer.
(8) "Rehabilitation services" means a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work.
(9) "Stay-at-work/return-to-work assistance" or "assistance" means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. This assistance may include a rehabilitation plan.
History: En. Sec. 34, Ch. 464, L. 1987; amd. Sec. 2, Ch. 333, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 8, Ch. 574, L. 1991; amd. Sec. 22, Ch. 243, L. 1995; amd. Sec. 108, Ch. 546, L. 1995; amd. Sec. 4, Ch. 122, L. 1997; amd. Sec. 49, Ch. 130, L. 2005; amd. Sec. 15, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1012. Repealed

39-71-1012. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 36, Ch. 464, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1013. Repealed

39-71-1013. Repealed.
Sec. 8, Ch. 122, L. 1997; Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 43, Ch. 464, L. 1987; amd. Sec. 9, Ch. 574, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1014. Rehabilitation services -- required and provided by insurers

39-71-1014. Rehabilitation services -- required and provided by insurers.
(1) Rehabilitation services are required for disabled workers and may be initiated by:
(a) an insurer by designating a rehabilitation provider; or
(b) a disabled worker through a request to the department. The department shall then require the insurer to designate a rehabilitation provider.
(2) Rehabilitation services provided under this part must be delivered through a rehabilitation counselor certified by the commission on rehabilitation counselor certification.
History: En. Sec. 37, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 109, Ch. 546, L. 1995; amd. Sec. 5, Ch. 122, L. 1997; amd. Sec. 50, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1015. Repealed

39-71-1015. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 38, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1016. Repealed

39-71-1016. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 39, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1017. Repealed

39-71-1017. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 40, Ch. 464, L. 1987; amd. Sec. 9, Ch. 333, L. 1989; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1018. Repealed

39-71-1018. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 41, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1019. Repealed

39-71-1019. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 42, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 40, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1023. Repealed

39-71-1023. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 44, Ch. 464, L. 1987; amd. Sec. 3, Ch. 333, L. 1989; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1024. Repealed

39-71-1024. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 45, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 9, Ch. 9, Sp. L. June 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1025. Auxiliary benefits

39-71-1025. Auxiliary benefits.
(1) In addition to benefits otherwise provided in this chapter, separate benefits not exceeding a total of $4,000, adjusted as provided in subsection (2), may be paid by the insurer for specialized job modification, reasonable travel, and relocation expenses used for any of the following:
(a) search for new employment;
(b) return to work but in a new location;
(c) the implementation of a rehabilitation plan that has been filed with the department; or
(d) attendance at an on-the-job training program.
(2) The separate benefit may be adjusted by an amount that is the percentage increase, if any, in the current state's average weekly wage over the state's average weekly wage adopted for the previous year.
History: En. Sec. 46, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 11, Ch. 574, L. 1991; amd. Sec. 22, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1026. Repealed

39-71-1026. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 47, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1031. Exchange of information

39-71-1031. Exchange of information.
The insurer, the rehabilitation provider, and the department shall provide to one another case information as necessary to carry out the purposes of this part.
History: En. Sec. 48, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 110, Ch. 546, L. 1995; amd. Sec. 6, Ch. 122, L. 1997; amd. Sec. 23, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1032. Termination of benefits for noncooperation with rehabilitation provider -- appeal

39-71-1032. Termination of benefits for noncooperation with rehabilitation provider -- appeal.
(1) If an insurer believes that a worker is refusing unreasonably to cooperate with the rehabilitation provider, the insurer, with 14 days' written notice to the worker and the department, may terminate any benefits, except medical benefits and the impairment award, that the worker is receiving until the worker cooperates.
(2) If the worker disputes the termination of benefits, the worker may, after mediation pursuant to department rule, petition the workers' compensation court for resolution of the dispute.
History: En. Sec. 49, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 12, Ch. 574, L. 1991; amd. Sec. 23, Ch. 243, L. 1995; amd. Sec. 7, Ch. 122, L. 1997; amd. Sec. 20, Ch. 442, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1033. Repealed

39-71-1033. Repealed.
Sec. 14, Ch. 574, L. 1991.
History: En. Sec. 50, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1036. Medical status form

39-71-1036. Medical status form.
(1) The department shall create a medical status form to be provided to a health care provider providing treatment for a compensable injury or occupational disease.
(2) The form must contain, at a minimum, the following information:
(a) the worker's first and last names and claim number;
(b) the diagnosed condition that is a direct result of the compensable injury or occupational disease;
(c) the treatment plan for the worker;
(d) identification of any medications prescribed for treatment of the worker;
(e) the timeframe during which the treating physician recommends that the worker be completely off work;
(f) the date or anticipated date of the worker's release to modified duty;
(g) the date or anticipated date of the worker's release to full duty;
(h) any temporary work restrictions applicable to the worker;
(i) any permanent work restrictions applicable to the worker;
(j) the anticipated date of maximum medical improvement; and
(k) the date of the worker's next appointment.
(3) An insurer may request additional information from the health care provider not contained in the department's form.
(4) The treating physician or a designee shall complete the form following every office visit with the worker.
History: En. Sec. 28, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1041. Stay-at-work/return-to-work goals and options -- notification by department -- agreement between worker and insurer

39-71-1041. Stay-at-work/return-to-work goals and options -- notification by department -- agreement between worker and insurer.
(1) The goal of stay-at-work/return-to-work assistance is to minimize avoidable disruption caused by a work-related injury or occupational disease by assisting the worker in the worker's return to the same position with the same employer or to a modified position with the same employer as soon as possible after an injury or an occupational disease occurs.
(2) To further the goal in subsection (1), the department shall, upon receipt from the insurer of a report of injury or occupational disease pursuant to 39-71-307(2), distribute to the worker a document that describes the stay-at-work/return-to-work assistance that is available upon request by the worker.
(3) Services provided as part of stay-at-work/return-to-work assistance are provided in addition to or prior to rehabilitation services and are intended to help a worker return to work.
History: En. Sec. 16, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1043. Rehabilitation provider -- evaluation

39-71-1043. Rehabilitation provider -- evaluation.
(1) Stay-at-work/return-to-work assistance must be provided by a rehabilitation provider pursuant to this section if:
(a) the department provides assistance; or
(b) an insurer elects to designate a rehabilitation provider instead of using the insurer's own stay-at-work/return-to-work assistance policy.
(2) (a) The rehabilitation provider shall evaluate and determine the stay-at-work/return-to-work capabilities of the worker pursuant to the stay-at-work/return-to-work goals listed in 39-71-1041.
(b) If the worker has returned to work, the rehabilitation provider shall provide documentation of the assistance to the worker, the insurer, and the department.
(c) If the worker has not returned to work and has not received a job offer to return to work, the rehabilitation provider shall document the reasons the stay-at-work/return-to- work assistance was unsuccessful. The documentation must be provided to the worker, the insurer, the treating physician, and the department.
(d) The following conditions allow termination of assistance prior to the time a worker meets the definition of a disabled worker:
(i) the worker has returned to work earning wages that are at least as much as at the time of injury;
(ii) the worker has received an offer to return to work at a position that is within the worker's physical abilities, for which the worker is qualified, and for which the wages are at least equal to the worker's wages at the time of injury;
(iii) the worker has returned to work in an alternative position that pays less than the worker's wages at the time of injury and that qualifies the worker for temporary partial disability benefits pursuant to 39-71-712; or
(iv) the worker receives a job offer to return to work in a position that is within the worker's physical abilities, for which the worker is qualified, for which the wages are less than the worker's wages at the time of injury, and that qualifies the worker for temporary partial disability benefits under 39-71-712.
(e) If a worker has requested stay-at-work/return-to-work assistance and a rehabilitation plan has been agreed to by the worker and the insurer, the plan continues until completed.
(3) If the worker or insurer disputes the availability or level of assistance, the worker or insurer may, after mediation, petition the workers' compensation court for resolution of the dispute.
History: En. Sec. 18, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1049. Stay-at-work/return-to-work assistance fund -- purpose -- payment process -- rulemaking

39-71-1049. Stay-at-work/return-to-work assistance fund -- purpose -- payment process -- rulemaking.
(1) There is a stay-at-work/return-to-work assistance fund in the proprietary fund category.
(2) The purpose of the assistance fund is to pay for stay-at-work/return-to-work assistance provided by the department so that assistance may be provided as early as practicable in the workers' compensation claims process.
(3) (a) The department may establish by rule:
(i) the amounts and types of assistance to be provided; and
(ii) the maximum hourly rate that may be charged for stay-at-work/return-to-work assistance obtained by the department and paid for by the assistance fund.
(b) The rules adopted under subsection (3)(a) regarding the payment amounts to rehabilitation providers do not apply if the insurer has taken direct responsibility for providing stay-at-work/return-to-work assistance.
(c) If rules are not adopted to implement subsection (3)(a), the department may not provide more than $2,000 in assistance.
History: En. Sec. 19, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 10. Stay-at-Work/Return-to-Work Assistance › 39-71-1051. Rulemaking authority

39-71-1051. Rulemaking authority.
The department may adopt rules to implement this part.
History: En. Sec. 21, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1102. Preferred provider organizations -- establishment -- limitations

39-71-1102. Preferred provider organizations -- establishment -- limitations.
(1) In order to promote cost containment of medical care provided for in 39-71-704, development of preferred provider organizations by insurers is encouraged. Insurers may establish arrangements with suppliers of soft and durable medical goods and health care providers in addition to or in conjunction with managed care organizations. Workers' compensation insurers may contract with other entities to use the other entities' preferred provider organizations. After the date that an injured worker is given an individual written notice by the insurer of a preferred provider, the insurer is not liable for charges from nonpreferred providers.
(2) Posting of preferred provider requirements in the workplace on bulletin boards, in personnel policies, in company manuals, or by other general or broadcast means does not constitute individual written notice. To constitute individual written notice under this section, information regarding referral to preferred providers must be provided to the worker in written form by mail or in person after the date of injury.
History: En. Sec. 6, Ch. 628, L. 1993; amd. Sec. 2, Ch. 468, L. 1999; amd. Sec. 25, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1103. Workers' compensation managed care

39-71-1103. Workers' compensation managed care.
(1) A managed care system is a program organized to serve the medical needs of injured workers in an efficient and cost-effective manner by managing the delivery of medical services for a defined population of injured workers, pursuant to 39-71-1101, through appropriate health care professionals.
(2) The department shall develop criteria pursuant to 39-71-1105 for certification of managed care organizations. The department may adopt rules for certification of managed care organizations.
(3) Insurers may contract with certified managed care organizations for medical services for injured workers. A worker who is subject to managed care may choose from managed care organizations in the worker's community that have a contract with the insurer responsible for the worker's medical services.
History: En. Sec. 7, Ch. 628, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1104. Managed care organizations -- notification

39-71-1104. Managed care organizations -- notification.
Workers who are subject to managed care must receive medical services in the manner prescribed in the contract. Each contract must comply with the certification requirements provided in 39-71-1105. Insurers who contract with a managed care organization for medical services shall give written notice to workers of eligible service providers and shall give notice of the manner of receiving medical services.
History: En. Sec. 8, Ch. 628, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1106. Compliance with medical treatment required -- termination of compensation benefits for noncompliance

39-71-1106. Compliance with medical treatment required -- termination of compensation benefits for noncompliance.
An insurer that provides 14 days' notice to the worker and the department may terminate any compensation benefits that the worker is receiving until the worker cooperates, if the insurer believes that the worker is unreasonably refusing:
(1) to cooperate with a managed care organization, a preferred provider organization, or the treating physician;
(2) to submit to medical treatment recommended by the treating physician, except for invasive procedures; or
(3) to provide access to health care information to health care providers, the insurer, or an agent of the insurer.
History: En. Sec. 10, Ch. 628, L. 1993; amd. Sec. 26, Ch. 167, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1107. Domiciliary care -- requirements -- evaluation

39-71-1107. Domiciliary care -- requirements -- evaluation.
(1) Reasonable domiciliary care must be provided by the insurer:
(a) from the date the insurer knows of the employee's need for home medical services that results from an industrial injury;
(b) when the preponderance of credible medical evidence demonstrates that nursing care is necessary as a result of the accident and describes with a reasonable degree of particularity the nature and extent of duties to be performed;
(c) when the services are performed under the direction of the treating physician who, following a nursing analysis, prescribes the care on a form provided by the department;
(d) when the services rendered are of the type beyond the scope of normal household duties; and
(e) when subject to subsections (3) and (4), there is a means to determine with reasonable certainty the value of the services performed.
(2) When a worker suffers from a condition that requires domiciliary care, which results from the accident, and requires nursing care as provided for in Title 37, chapter 8, a licensed nurse shall provide the services.
(3) When a worker suffers from a condition that requires 24-hour care and that results from the accident but that requires domiciliary care other than as provided in Title 37, chapter 8, the care may be provided by a family member. The insurer's responsibility for reimbursement for the care is limited to no more than the daily statewide average medicaid reimbursement rate for the current fiscal year for care in a nursing home. The insurer is not responsible for respite care.
(4) Domiciliary care by a family member that is necessary for a period of less than 24 hours a day may not exceed the hourly mean wage by area for home health aides, as published by the department in the most recent edition of the Montana Informational Wage Rates by Occupation and adopted annually by the department prior to January 1. The insurer is not liable for more than 8 hours of care each day at the rate in effect at the time that the services are rendered.
History: En. Sec. 11, Ch. 628, L. 1993; amd. Sec. 8, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1108. Physician self-referral prohibition

39-71-1108. Physician self-referral prohibition.
(1) Unless authorized by the insurer, a treating physician may not refer a claimant to a health care facility at which the physician does not directly provide care or services when the physician has an investment interest in the facility, unless there is a demonstrated need in the community for the facility and alternative financing is not available. The insurer or the claimant is not liable for charges incurred in violation of this section.
(2) Subsection (1) does not apply to care or services provided directly 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. 12, Ch. 628, L. 1993; amd. Sec. 18, Ch. 516, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 11. Treatment by Designated Providers › 39-71-1110. Schedule II and III drugs -- prescriber obligation

39-71-1110. Schedule II and III drugs -- prescriber obligation.
(1) In order to ensure high-quality health care for an individual with a compensable occupational injury or disease, prescriptions for Schedule II or Schedule III drugs identified in Title 50, chapter 32, part 2, may be carefully monitored for potential abuse, dependence, interaction, and diversion. Ongoing prescriptions for Schedule II and Schedule III drugs may be prescribed only by a treating physician.
(2) (a) A treating physician authorized to prescribe prescription drugs may query the prescription drug registry provided for in Title 37, chapter 7, part 15, prior to the initial prescribing or refilling of a Schedule II or Schedule III drug for treatment of a workers' compensation injury or occupational disease. After consulting the prescription drug registry, a treating physician may decline to prescribe or refill a Schedule II or Schedule III drug if, in the treating physician's judgment, the drug should not be prescribed or refilled.
(b) Prior to the initial prescribing of a Schedule II or Schedule III drug, a treating physician may discuss the risks and benefits of the use of the controlled substance, including risk of tolerance and drug dependence, with the patient or the patient's legal guardian.
(c) A treating physician shall note in the patient's medical file each query conducted.
(3) This section does not apply to a health care provider administering a Schedule II or Schedule III drug under the following circumstances:
(a) immediately prior to or after surgery;
(b) at the scene of an emergency;
(c) in a licensed ambulance; or
(d) in the emergency department or intensive care unit of a licensed hospital.
History: En. Sec. 1, Ch. 407, L. 2013.