reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-419. Independent contractor violations -- penalty

39-71-419. Independent contractor violations -- penalty.
(1) A person may not:
(a) perform work as an independent contractor without first:
(i) obtaining from the department an independent contractor exemption certificate unless the individual is not required to obtain an independent contractor exemption certificate pursuant to 39-71-417(1)(a); or
(ii) electing to be bound personally and individually by the provisions of compensation plan No. 1, 2, or 3;
(b) perform work as an independent contractor when the department has suspended, revoked, or denied the independent contractor's exemption certificate;
(c) transfer to another person or allow another person to use an independent contractor exemption certificate that was not issued to that person;
(d) alter or falsify an independent contractor exemption certificate; or
(e) misrepresent the person's status as an independent contractor. A person who falsely claimed, either in writing or through credible evidence, to have an independent contractor certification may not be considered to be an employee solely based on not actually having an independent contractor exemption certificate. The burden of proof that an independent contractor is certified rests with the independent contractor and not the hiring entity.
(2) An employer may not:
(a) require an employee through coercion, misrepresentation, or fraudulent means to adopt independent contractor status to avoid the employer's obligations to provide workers' compensation coverage; or
(b) exert control to a degree that causes the independent contractor to violate the provisions of 39-71-417(4).
(3) (a) In addition to any other penalty or sanction provided in this chapter, a person or employer who violates a provision of this section is subject to a fine to be assessed by the department of up to $5,000 for each violation as follows:
(i) up to $1,000 for the first violation, of which up to $1,000 may be waived if the person or employer completes a department-directed education program;
(ii) up to $2,500 for the second violation;
(iii) up to $5,000 for the third violation;
(iv) $5,000 for the fourth and each subsequent violation. In addition to the fine, the department shall suspend or revoke the person's independent contractor exemption certificate and report the person to the workers' compensation fraud investigation and prosecution office provided for in 2-15-2015.
(b) The department shall deposit the fines in the uninsured employers' fund. The lien provisions of 39-71-506 apply to any assessed fines.
(4) A person or employer who disputes a fine assessed by the department pursuant to this section may file an appeal with the department within 30 days of the date on which the fine was assessed. If, after mediation, the issue is not resolved, the issue must be transferred to the workers' compensation court for resolution.
History: En. Sec. 3, Ch. 448, L. 2005; amd. Sec. 2, Ch. 345, L. 2021; amd. Sec. 2, Ch. 505, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-421. Financial incentives to institute safety programs

39-71-421. Financial incentives to institute safety programs.
Insurers may provide financial incentives to an employer who implements a formal safety program. An insurer may provide to an employer a premium discount that reflects the degree of risk diminished by the implemented safety program.
History: En. Sec. 9, Ch. 464, L. 1987; amd. Sec. 21, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-426. Repealed

39-71-426. Repealed.
Sec. 10, Ch. 26, L. 2005.
History: En. Sec. 1, Ch. 388, L. 1989; amd. Sec. 5, Ch. 480, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-431. Repealed

39-71-431. Repealed.
Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 12, Ch. 613, L. 1989; amd. Sec. 5, Ch. 323, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-432. Definitions

39-71-432. Definitions.
As used in 39-71-433, the following definitions apply:
(1) "Business entity" means a business enterprise owned by a single person, corporation, organization, business trust, trust, partnership, limited liability company, limited liability partnership, joint venture, association, or other business entity.
(2) "Group" means two or more business entities that join together to purchase individual workers' compensation insurance policies covering each business entity that is part of a group.
History: En. Sec. 20, Ch. 619, L. 1993; amd. Sec. 7, Ch. 516, L. 1995; amd. Sec. 6, Ch. 172, L. 1997; amd. Sec. 6, Ch. 377, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-433. Group purchase of workers' compensation insurance

39-71-433. Group purchase of workers' compensation insurance.
(1) Two or more business entities may join together to form a group to purchase individual workers' compensation insurance policies covering each member of the group.
(2) A group formed under this section may purchase individual workers' compensation insurance policies covering each member of the group from any insurer authorized to write workers' compensation insurance in this state, except that the state fund, as defined in 39-71-2312, has the right to refuse coverage of a group and its plan of operation but may not refuse coverage to an individual employer. Under an individual policy, the group is entitled to a premium or volume discount that would be applicable to a policy of the combined premium amount of the individual policies.
(3) A group shall apportion any discount or policyholder dividend received on workers' compensation insurance coverage among the members of the group according to a formula adopted in the plan of operation for the group.
(4) A group shall adopt a plan of operation that must include the composition and selection of a governing board, the methods for administering the group, the eligibility requirements to join the group, and guidelines for the workers' compensation insurance coverage obtained by the group, including the payment of premiums, the distribution of discounts, and the method for providing risk management.
History: En. Sec. 21, Ch. 619, L. 1993; amd. Sec. 8, Ch. 516, L. 1995; amd. Sec. 5, Ch. 310, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-434. Deductible insurance policy provision for medical benefits

39-71-434. Deductible insurance policy provision for medical benefits.
(1) In order to lower the amount an employer is required to pay to obtain workers' compensation insurance coverage under this chapter, a workers' compensation policy issued by the state compensation insurance fund under plan No. 3 or by a private insurer under plan No. 2 must offer a deductible for the medical, hospital, and related services allowed under 39-71-704. The medical deductible must be offered in amounts of at least $500.
(2) If the insured employer chooses to accept a medical deductible, the insured employer is liable for the amount of the deductible for the medical benefits paid for each otherwise compensable claim of work injury suffered by an employee.
(3) The insured employer shall contract with the insurer to have the insurer pay the entire cost of the covered medical benefits directly to the provider of medical or related services and then seek reimbursement from the insured employer for the deductible amount. The insurer is entitled to reimbursement only for medical, hospital, and related services allowed under 39-71-704, up to the amount of the deductible.
(4) If an insured employer who has contracted with an insurer for a medical deductible does not pay the medical deductible amount to the insurer through reimbursement, the amount paid by the insurer on the claim may be included as benefits paid in a determination of the insured employer's rate.
(5) If an insured employer chooses to accept a medical deductible, then for purposes of computing rates and rating plans, all medical losses incurred must be reported to the insurer without regard to the application of any medical deductible regardless of whether the employer or the insurer pays the losses.
History: En. Sec. 1, Ch. 641, L. 1989; amd. Sec. 1, Ch. 666, L. 1991; amd. Sec. 1, Ch. 248, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles

39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles.
(1) An insurer issuing a workers' compensation or an employer's liability insurance policy may offer to the policyholder, as part of the policy or by endorsement, optional deductibles for benefits payable under the policy consistent with the standards contained in subsection (3).
(2) The advisory organization designated under 33-16-1023 may develop and file a deductible plan or plans on behalf of its members consistent with the standards contained in subsection (3).
(3) The commissioner of insurance shall approve a deductible plan that is in accordance with the following standards:
(a) Claimants' rights are properly protected and claimants' benefits are paid without regard to the deductible.
(b) Premium reductions reflect the type and level of the deductible, consistent with accepted actuarial standards.
(c) Premium reductions for deductibles are determined before application of any experience modification, premium surcharge, or premium discount.
(d) Recognition is given to policyholder characteristics, including but not limited to size, financial capabilities, nature of activities, and number of employees.
(e) The policyholder is liable to the insurer for the deductible amount in regard to benefits paid for compensable claims.
(f) The insurer pays all of the deductible amount applicable to a compensable claim to the person or provider entitled to benefits and then seeks reimbursement from the policyholder for the applicable deductible amount.
(g) Failure by the policyholder to reimburse deductible amounts to the insurer is treated under the policy as nonpayment of premium.
(h) Losses subject to the deductible must be reported and recorded as losses for purposes of calculating rates for a policyholder on the same basis as losses under policies providing first dollar coverage.
(4) The state compensation insurance fund, plan No. 3, may adopt the plan filed by the designated advisory organization or adopt an optional deductible plan that meets the requirements of this section.
(5) For purposes of 39-71-201, 39-71-915, and 50-71-128, liability for assessments must be ascertained without regard to application of any deductible, whether the employer or the insurer pays the losses. For all other taxes and assessments based on premium, the amount of premium or assessment must be determined after application of the deductible.
History: En. Sec. 8, Ch. 619, L. 1993; amd. Sec. 24, Ch. 186, L. 1995; amd. Sec. 9, Ch. 214, L. 2001; amd. Sec. 2, Ch. 365, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-441. Tribal employment coverage

39-71-441. Tribal employment coverage.
The department may, as provided in Title 18, chapter 11, enter into an agreement with a tribal government to recognize, with the same effect as the exclusive remedy and benefits under plans No. 1, 2, and 3, tribal workers' compensation plans or self-insured plans that the department determines provide adequate coverage to persons who are:
(1) employed by an enrolled tribal member or by an association, business, corporation, or other entity at least 51% of which is owned by one or more enrolled tribal members; and
(2) working outside the exterior boundaries of an Indian reservation.
History: En. Sec. 1, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 4. Coverage, Liability, and Subrogation › 39-71-442. Employer option for extraterritorial coverage

39-71-442. Employer option for extraterritorial coverage.
(1) Notwithstanding 39-71-118(8)(a), an employee of an employer in this state who is employed by the employer to work solely in North Dakota, and who is required by the laws of that state to be covered for workers' compensation purposes while working in that state, is not considered to be an employee in this state covered under Title 39, chapter 71, during any time that the employer maintains workers' compensation coverage for the employee in North Dakota. For purposes of this section, "work solely in North Dakota" means the employee does not perform job duties in Montana and coverage is required by the state of North Dakota. Travel that is commuting to and from a job site in North Dakota from a location in Montana does not constitute performing job duties in Montana even if the employer pays for all or a portion of the costs of travel or if the worker is paid for the travel time.
(2) A plan No. 1, 2, or 3 insurer providing coverage to the employer under this chapter may require proof of coverage in North Dakota and records of work in North Dakota. An insurer may use a verification of employment form, developed by the department, to request an attestation by the employer regarding the employees working solely in North Dakota.
(3) (a) This section does not exempt an employee from coverage under this chapter when the employee's usual job duties begin in this state and the employee is otherwise covered under 39-71-407(4)(a).
(b) This section exempts an employee from coverage under this chapter when the employee is engaged in travel while commuting as provided in subsection (1).
History: En. Sec. 1, Ch. 315, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-501. Definition of uninsured employer

39-71-501. Definition of uninsured employer.
For the purposes of 39-71-501, 39-71-503 through 39-71-511, 39-71-515 through 39-71-520, and 39-71-541, "uninsured employer" means an employer who has not properly complied with the provisions of 39-71-401.
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(part); amd. Sec. 62, Ch. 397, L. 1979; amd. Sec. 179, Ch. 42, L. 1997; amd. Sec. 7, Ch. 377, L. 1999; amd. Sec. 11, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-502. Repealed

39-71-502. Repealed.
Sec. 22, Ch. 377, L. 1999.
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(part); amd. Sec. 13, Ch. 464, L. 1987; amd. Sec. 9, Ch. 276, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-503. Uninsured employers' fund -- purpose and administration of fund -- maintaining balance for administrative costs -- appropriation

39-71-503. Uninsured employers' fund -- purpose and administration of fund -- maintaining balance for administrative costs -- appropriation.
(1) There is created an uninsured employers' fund in the state special revenue account to pay:
(a) to an injured employee of an uninsured employer the same benefits the employee would have received if the employer had been properly enrolled under compensation plan No. 1, 2, or 3, except as provided in subsection (3);
(b) the costs of investigating and prosecuting workers' compensation fraud under 2-15-2015; and
(c) the expenses incurred by the department in administering the uninsured employers' fund.
(2) The department may refer to the workers' compensation fraud office, established in 2-15-2015, cases involving:
(a) false or fraudulent claims for benefits; and
(b) criminal violations of 45-7-501.
(3) (a) Except as provided in subsection (3)(b), surpluses and reserves may not be kept for the fund. The department shall make payments that it considers appropriate as funds become available from time to time. The payment of weekly disability benefits takes precedence over the payment of medical benefits. Lump-sum payments of future projected benefits, including impairment awards, may not be made from the fund. The board of investments shall invest the money of the fund, and the investment income must be deposited in the fund.
(b) The department shall maintain at least a 3-month balance based on projected budget costs for administration of the fund. The balance for administrative costs may be used by the department only in administering the fund.
(c) The maximum aggregate medical benefits expenditure that may be made from the fund may not exceed $100,000 for any single claim regardless of whether the claim arises from an injury or an occupational disease.
(4) The amounts necessary for the payment of benefits from the fund are statutorily appropriated, as provided in 17-7-502, from the fund.
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(part); amd. Sec. 14, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 5, Ch. 555, L. 1993; amd. Sec. 9, Ch. 516, L. 1995; amd. Sec. 6, Ch. 310, L. 1997; amd. Sec. 35, Ch. 422, L. 1997; amd. Sec. 8, Ch. 377, L. 1999; amd. Sec. 18, Ch. 389, L. 1999; amd. Sec. 2, Ch. 193, L. 2003; amd. Sec. 4, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-504. Funding of fund -- option for agreement between department and injured employee

39-71-504. Funding of fund -- option for agreement between department and injured employee.
The fund is funded in the following manner:
(1) (a) The department may require that the uninsured employer pay to the fund a penalty of either up to double the premium amount the employer would have paid on the payroll of the employer's workers in this state if the employer had been enrolled with compensation plan No. 3 or $200, whichever is greater. In determining the premium amount for the calculation of the penalty under this subsection, the department shall make an assessment based on how much premium would have been paid on the employer's past 3-year payroll for periods within the 3 years when the employer was uninsured.
(b) The fund shall collect from an uninsured employer an amount equal to all benefits paid or to be paid from the fund to or on behalf of an injured employee of the uninsured employer.
(c) In addition to any amounts recovered under subsections (1)(a) and (1)(b), the fund shall collect a penalty of $200 from an employer that fails to obtain Montana workers' compensation insurance within 30 days of notice of the requirement.
(2) (a) An uninsured employer that fails to make timely penalty or claim reimbursement payments required under this part must be assessed a late fee of $50 for each late payment.
(b) Any unpaid balance owed to the fund under this part must accrue interest at 12% a year or 1% a month or fraction of a month. Interest on unpaid balances accrues from the date of the original billing.
(c) Late fees and interest assessed pursuant to this subsection (2) must be deposited into the fund for payment of administrative expenses and benefits.
(3) The department may enter into an agreement with the injured employee or the employee's beneficiaries to assign to the employee or the beneficiaries all or part of the funds collected by the department from the uninsured employer pursuant to subsection (1)(b).
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(2); amd. Sec. 5, Ch. 103, L. 1979; amd. Sec. 1, Ch. 601, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 661, L. 1991; amd. Sec. 10, Ch. 516, L. 1995; amd. Sec. 3, Ch. 284, L. 1997; amd. Sec. 7, Ch. 310, L. 1997; amd. Sec. 3, Ch. 193, L. 2003; amd. Sec. 4, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-505. Applicability of other provisions of chapter to fund

39-71-505. Applicability of other provisions of chapter to fund.
All appropriate provisions in the Workers' Compensation Act apply to the fund in the same manner as they apply to compensation plans No. 1, 2, and 3.
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(5).
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-506. Lien for payment of unpaid penalties, fees, and interest -- levy and execution

39-71-506. Lien for payment of unpaid penalties, fees, and interest -- levy and execution.
(1) (a) If, upon demand of the department, an uninsured employer refuses to make the payments to the fund that are provided for in 39-71-504(1)(a), (1)(c), and (2), the unpaid penalties, fees, and interest have the effect of a judgment against the employer at the time the payments become due. After issuing an order to the uninsured employer requiring payment of penalties, fees, and interest and after the due process requirements of 39-71-2401(2) and (3) are satisfied, the department may issue a certificate setting forth the amount of payment due and direct the clerk of the district court of any county in the state to enter the certificate as a judgment on the docket pursuant to 25-9-301. From the time the judgment is entered on the docket, it becomes a lien upon all real property of the uninsured employer. The department may enforce the judgment at any time within 10 years of creation of the lien.
(b) A judgment lien filed pursuant to this section may be renewed for another 10-year period upon motion of the lienholder or by a judgment for that purpose.
(2) The department may settle through compromise with an uninsured employer the amount due the fund under subsection (1).
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(3); amd. Sec. 63, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 6, Ch. 555, L. 1993; amd. Sec. 4, Ch. 193, L. 2003; amd. Sec. 12, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-507. Department to order uninsured employer to cease operations -- noncompliance with order a misdemeanor -- coordination of remedies

39-71-507. Department to order uninsured employer to cease operations -- noncompliance with order a misdemeanor -- coordination of remedies.
(1) When the department discovers an uninsured employer, it shall order the employer to cease operations until the employer has elected to be bound by a compensation plan.
(2) When the department discovers a person, business, or other entity functioning as a prime contractor that has subcontracted for the services of an uninsured employer, it shall order the person, business, or other entity functioning as a prime contractor to cause all operations performed by the uninsured employer to cease at worksites controlled by the prime contractor until the uninsured employer has elected to be bound by a compensation plan. If after 3 business days following the order by the department the person, business, or other entity functioning as a prime contractor has not complied with the order, the department may order the prime contractor to cease all operations at the affected worksites.
(3) An employer who does not comply with the department's order to cease operations is guilty of a misdemeanor. Each day of violation is a separate offense. The county attorney may prosecute a criminal action under this subsection in the county in which the violation occurs. Prosecution under this subsection does not bar the department from enforcing its order by a civil action.
(4) A person, business, or other entity functioning as a prime contractor that does not comply with the department's order to cease all operations is guilty of a misdemeanor. Each day of violation is a separate offense. The county attorney may prosecute a criminal action under this subsection in the county in which the violation occurs. Prosecution under this subsection does not bar the department from enforcing its order by a civil action. In addition, the department may assess a penalty against the person, business, or other entity functioning as a prime contractor of not more than $1,000 per day for each day of violation.
(5) The department may institute and maintain in the name of the state, through the attorney general or the county attorney of the county in which the violation occurs, an action for an injunction order or other civil remedy in district court to enforce its order to cease operations.
(6) The remedies provided in 39-71-506 and subsections (3) through (5) of this section are not mutually exclusive and may be pursued concurrently.
History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(6); amd. Sec. 1, Ch. 586, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 11, Ch. 516, L. 1995; amd. Sec. 3, Ch. 505, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-508. Coordination of remedies -- limitation of liability of employee to third-party providers -- rights of third-party providers

39-71-508. Coordination of remedies -- limitation of liability of employee to third-party providers -- rights of third-party providers.
(1) An employee who suffers an injury arising out of and in the course of employment while working for an uninsured employer, as defined in 39-71-501, or an employee's beneficiaries in injuries resulting in death may pursue all remedies concurrently, including but not limited to:
(a) a claim for benefits from the uninsured employers' fund;
(b) a damage action against the employer in accordance with 39-71-509;
(c) an independent action against an employer as provided in 39-71-515; or
(d) any other civil remedy provided by law.
(2) An employee who is entitled to recover under this part is not liable to any third-party provider for services provided to the employee that are not reimbursed by the uninsured employers' fund.
(3) A third-party provider that is not fully reimbursed by the uninsured employers' fund for services provided to an injured employee may bring an action directly against the uninsured employer for the amount of services that were not paid by the uninsured employers' fund.
History: En. 92-213 by Sec. 5, Ch. 550, L. 1977; R.C.M. 1947, 92-213(part); amd. Sec. 2, Ch. 601, L. 1985; amd. Sec. 5, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-509. Action against uninsured employer -- limitation of employer's defenses

39-71-509. Action against uninsured employer -- limitation of employer's defenses.
If an injured employee or the employee's beneficiaries bring an action to recover damages for personal injuries sustained or for death resulting from personal injuries sustained, it is not a defense for the employer that the:
(1) employee was negligent unless the negligence was willful;
(2) injury was caused by the negligence of a fellow employee; or
(3) employee had assumed the risks inherent in, incident to, or arising out of the employee's employment or arising from the failure of the employer to provide and maintain a reasonably safe place to work or reasonably safe tools or appliances.
History: En. 92-213 by Sec. 5, Ch. 550, L. 1977; R.C.M. 1947, 92-213(part); amd. Sec. 5, Ch. 601, L. 1985; amd. Sec. 1545, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-510. Limitation on benefit entitlement under fund

39-71-510. Limitation on benefit entitlement under fund.
(1) Notwithstanding the provisions of 39-71-407, 39-71-503, and subsection (2) of this section, injured employees or an employee's beneficiaries who pursue a claim for benefits from the uninsured employers' fund are not granted an entitlement by this state for full workers' compensation benefits from the fund. Benefits from the fund must be paid in accordance with the money in the fund. If the department determines at any time that the money in the fund is not adequate to fully pay all claims, the department may make appropriate proportionate reductions in benefits to all claimants. The reductions do not entitle claimants to retroactive reimbursements in the future.
(2) The maximum medical benefits entitlement for any single claim against the fund is limited to an aggregate amount of $100,000.
History: En. 92-213 by Sec. 5, Ch. 550, L. 1977; R.C.M. 1947, 92-213(2); amd. Sec. 64, Ch. 397, L. 1979; amd. Sec. 4, Ch. 601, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 9, Ch. 377, L. 1999; amd. Sec. 6, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-511. Setoffs to claim against fund

39-71-511. Setoffs to claim against fund.
A claim for benefits from the uninsured employers' fund must be discharged, finally or periodically, to the extent that an employee or the employee's beneficiaries receive actual monetary compensation by judgment or settlement from the uninsured employer, a third party who shares liability as defined in 39-71-412, or a fellow employee who shares liability as defined in 39-71-413.
History: En. Sec. 3, Ch. 601, L. 1985.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-515. Independent cause of action

39-71-515. Independent cause of action.
(1) An injured employee or the employee's beneficiaries have an independent cause of action against an uninsured employer for failure to be enrolled in a compensation plan as required by this chapter.
(2) In an action described in subsection (1), prima facie liability of the uninsured employer exists if the claimant proves, by a preponderance of the evidence, that:
(a) the employer was required by law to be enrolled under compensation plan No. 1, 2, or 3 with respect to the claimant; and
(b) the employer was not enrolled on the date of the injury or death.
(3) It is not a defense to an action that the employee had knowledge of or consented to the employer's failure to carry insurance or that the employee was negligent in permitting the failure to exist.
(4) The amount of recoverable damages in an action is the amount of compensation that the employee would have received had the employer been properly enrolled under compensation plan No. 1, 2, or 3.
(5) A plaintiff who prevails in an action brought under this section is entitled to recover reasonable costs and attorney fees incurred in the action, in addition to damages.
History: En. Sec. 6, Ch. 601, L. 1985; amd. Sec. 1546, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-516. District court venue and jurisdiction for independent cause of action

39-71-516. District court venue and jurisdiction for independent cause of action.
An injured employee or an employee's beneficiaries pursuing an independent cause of action pursuant to 39-71-515 shall bring the action in the district court in the district where the claimant resides or where the alleged violation occurred. The court may grant interim relief that it considers appropriate, including but not limited to injunctive relief, attachment, or receivership. The court may request the workers' compensation judge to determine the amount of recoverable damages due to the employee.
History: En. Sec. 7, Ch. 601, L. 1985; amd. Sec. 12, Ch. 516, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-517. Requirement to serve papers

39-71-517. Requirement to serve papers.
In pursuing remedies under 39-71-501, 39-71-503 through 39-71-511, and 39-71-515 through 39-71-520, an injured employee or the employee's beneficiaries shall serve all pleadings and all other litigation papers on the department and the uninsured employer, regardless of whether the department or the uninsured employer is a party to the particular action to which the papers relate.
History: En. Sec. 8, Ch. 601, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 180, Ch. 42, L. 1997; amd. Sec. 10, Ch. 377, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-518. Setoffs against remaining liability

39-71-518. Setoffs against remaining liability.
Any actual monetary compensation received by judgment or settlement by the injured employee or the employee's beneficiaries under 39-71-509 or 39-71-515 may be offset by the uninsured employer against the employer's remaining liability under those sections.
History: En. Sec. 9, Ch. 601, L. 1985; amd. Sec. 1547, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-519. Settlement

39-71-519. Settlement.
The department, the uninsured employer, the injured employee or the employee's beneficiaries, a third party who shares liability as defined in 39-71-412, or a fellow employee who shares liability as defined in 39-71-413 may enter into a settlement agreement to finally settle the rights and liabilities under 39-71-501, 39-71-503 through 39-71-511, and 39-71-515 through 39-71-520 of any or all of the parties. The settlement is subject to department approval in accordance with 39-71-741.
History: En. Sec. 10, Ch. 601, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 181, Ch. 42, L. 1997; amd. Sec. 11, Ch. 377, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-520. Time limit to appeal to mediation -- petitioning workers' compensation court -- failure to settle or petition

39-71-520. Time limit to appeal to mediation -- petitioning workers' compensation court -- failure to settle or petition.
(1) A dispute concerning uninsured employers' fund benefits must be appealed to mediation within 90 days from the date of the determination by the department or the determination is considered final.
(2) (a) If the parties fail to reach a settlement through the mediation process, any party who disagrees with the department's determination may file a petition before the workers' compensation court.
(b) A party's petition must be filed within 60 days of the mailing of the mediator's report provided for in 39-71-2411 unless the parties stipulate in writing to a longer time period for filing the petition.
(c) If a settlement is not reached through mediation and a petition is not filed within 60 days of the mailing of the mediator's report, the determination by the department is final.
(d) A mediator's report is not a determination by the department for the purposes of this section. A determination by the department is final if an appeal to mediation described in subsection (1) or a petition described in subsection (2)(a) is not filed within the required time period.
History: En. Sec. 19, Ch. 555, L. 1993; amd. Sec. 5, Ch. 193, L. 2003; amd. Sec. 13, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-521. Burden of proof -- insurance coverage

39-71-521. Burden of proof -- insurance coverage.
(1) In a proceeding brought by the department or an employer to resolve the issue of the existence of workers' compensation insurance coverage for that employer, the initial burden of proof is on the department to demonstrate that:
(a) the employer is required to have workers' compensation insurance coverage; and
(b) either:
(i) the database of the recognized agent providing proof of coverage indicates that no coverage is reported by an insurer to cover the employer's Montana operations; or
(ii) the department confirms with the insurer that reported coverage for the employer that the policy previously covering the employer's Montana operations has been canceled by that insurer.
(2) The burden then shifts to the employer to demonstrate that the employer is not required either to have workers' compensation insurance coverage or to produce a valid workers' compensation insurance policy covering the employer's Montana operations during the period of time in question. A valid workers' compensation insurance policy is one acknowledged by the insurer to be valid or adjudged to be valid by a court of competent jurisdiction.
History: En. Sec. 1, Ch. 214, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-522. Inspection of construction sites -- public policy -- penalty

39-71-522. Inspection of construction sites -- public policy -- penalty.
(1) In recognition of the benefit of fair competition among business competitors and the public policy of this state providing for enforcement of workers' compensation insurance coverage requirements, the legislature finds that it is reasonable to allow access by authorized employees of the department onto construction sites for the purpose of determining whether workers are appropriately covered by workers' compensation insurance or a valid exemption from insurance coverage.
(2) In order to determine if proper workers' compensation insurance coverage is in place or if a valid exemption is held by a worker present on a construction site, authorized employees of the department may enter onto any construction site for which a construction permit is required or has been issued.
(3) Upon presentation of proper credentials, department employees must be admitted to a construction site to:
(a) gather information relating to compliance with the coverage requirements of this chapter; and
(b) when appropriate, issue a notice of violation to a person who is in violation of 39-71-419.
(4) This section does not authorize the department's employees to engage in a breach of the peace. The department may request the assistance of appropriate local law enforcement agencies to peaceably enter a construction site.
(5) A person who purposely or knowingly restricts the access to a construction site by a credentialed department employee or who obstructs the employee in the performance of the employee's duties under this section commits the offense of obstruction of a public servant as provided in 45-7-302.
(6) As used in this section, the following definitions apply:
(a) "Construction permit" means any permit that can be issued pursuant to Title 50, chapter 60, and includes:
(i) a boiler permit;
(ii) a building permit;
(iii) an electrical permit;
(iv) an elevator permit;
(v) a mechanical permit; or
(vi) a plumbing permit.
(b) "Construction site" means any parcel of real property where work is being performed for which a construction permit is required or has been issued.
History: En. Sec. 1, Ch. 48, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-525. Confidentiality of records -- exception for use by public employees

39-71-525. Confidentiality of records -- exception for use by public employees.
Information obtained from any individual under this part is confidential and may not be disclosed, sold, or opened to public inspection except to department employees when necessary to allow them to perform their public duties under this chapter or to provide relevant and necessary information to other public entities or pursuant to a subpoena issued upon a showing of compelling state interest.
History: En. Sec. 21, Ch. 377, L. 1999; amd. Sec. 22, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-531. Repealed

39-71-531. Repealed.
Sec. 9, Ch. 172, L. 1997; Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 1, Ch. 467, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-532. Repealed

39-71-532. Repealed.
Sec. 9, Ch. 172, L. 1997; Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 2, Ch. 467, L. 1993; amd. Sec. 46, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-533. Repealed

39-71-533. Repealed.
Sec. 9, Ch. 172, L. 1997; Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 3, Ch. 467, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-534. Repealed

39-71-534. Repealed.
Sec. 9, Ch. 172, L. 1997; Sec. 13, Ch. 310, L. 1997.
History: En. Sec. 4, Ch. 467, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-535. Collection of penalties, claim costs, late fees, and interest -- liability for payment of collection costs

39-71-535. Collection of penalties, claim costs, late fees, and interest -- liability for payment of collection costs.
(1) If the department is unable to collect penalties, claim costs, late fees, or interest assessed pursuant to the provisions of this part, the department may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.
(2) (a) The reasonable collection costs of a collection service, if approved by the department, or assistance costs charged the department by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.
(b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106.
(ii) All money collected by a collection service must be paid to the department, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.
History: En. Sec. 6, Ch. 193, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 5. Uninsured Employers › 39-71-541. Uninsured employer as party to benefits disputes -- indemnification by uninsured employer for benefits paid -- lien for payment -- levy and execution

39-71-541. Uninsured employer as party to benefits disputes -- indemnification by uninsured employer for benefits paid -- lien for payment -- levy and execution.
(1) An uninsured employer or an employer alleged to be uninsured is a party to all disputes concerning any benefits for which the employer may become obligated to indemnify the department pursuant to 39-71-504(1)(b).
(2) (a) After mediation pursuant to department rules, an uninsured employer or an employer alleged to be uninsured is joined as a party when a dispute over benefits is brought before the workers' compensation judge pursuant to 39-71-2905.
(b) The workers' compensation judge may enter a judgment, including a default judgment, requiring an uninsured employer to indemnify the department with respect to any benefits paid or ordered payable by the department in relation to the claim.
(c) If a judgment ordered under subsection (2)(b) includes a specific amount paid or ordered payable, the department may issue to the uninsured employer a certificate listing the amount of payment due and directing the clerk of the district court of any county in the state to enter the certificate as a judgment on the docket pursuant to 25-9-301. The judgment becomes a lien on all real property of the uninsured employer from the time of being entered on the docket.
(3) (a) An uninsured employer is obligated to make claim reimbursements as provided in 39-71-504(1)(b), plus the interest and other charges assessed on the claim reimbursement as provided in 39-71-504(2), when demand for those payments is made to the uninsured employer.
(b) If the uninsured employer does not make the payments and does not dispute the obligation in the manner provided by 39-71-520, the department may issue a certificate listing the amount of payment due and directing the clerk of the district court of any county in the state to enter the certificate as a judgment on the docket pursuant to 25-9-301. The judgment becomes a lien on all real property of the uninsured employer from the time of being entered on the docket.
(4) A judgment lien filed pursuant to this section may be renewed for another 10-year period upon motion of the lienholder or by a judgment for that purpose.
History: En. Sec. 3, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 6. Claims for Benefits › 39-71-601. Statute of limitation on presentment of claim -- waiver

39-71-601. Statute of limitation on presentment of claim -- waiver.
(1) Except for a claim for benefits for occupational diseases pursuant to subsections (3) and (4), all claims in the case of personal injury or death must be forever barred unless signed by the claimant or the claimant's representative and presented in writing to the employer, the insurer, or the department within 12 months from the date of the happening of the accident, either by the claimant or someone legally authorized to act on the claimant's behalf.
(2) The insurer may waive the time requirement up to an additional 24 months upon a reasonable showing by the claimant of:
(a) lack of knowledge of disability;
(b) latent injury; or
(c) equitable estoppel.
(3) When a claimant seeks benefits for an occupational disease, the claimant's claims for benefits must be in writing, signed by the claimant or the claimant's representative, and presented to the employer, the employer's insurer, or the department within 1 year from the date that the claimant knew or should have known that the claimant's condition resulted from an occupational disease. When a beneficiary seeks benefits under this chapter, claims for death benefits must be presented in writing to the employer, the employer's insurer, or the department within 1 year from the date that the beneficiary knew or should have known that the decedent's death was related to an occupational disease.
(4) Any dispute regarding the statute of limitations for filing time is considered a dispute that, after mediation pursuant to department rules, is subject to jurisdiction of the workers' compensation court.
History: En. Sec. 10, Ch. 96, L. 1915; amd. Sec. 3, Ch. 100, L. 1919; re-en. Sec. 2899, R.C.M. 1921; amd. Sec. 1, Ch. 34, L. 1935; re-en. Sec. 2899, R.C.M. 1935; amd. Sec. 1, Ch. 264, L. 1973; R.C.M. 1947, 92-601; amd. Sec. 1, Ch. 254, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 24, Ch. 619, L. 1993; amd. Sec. 16, Ch. 442, L. 1999; amd. Sec. 23, Ch. 416, L. 2005; amd. Sec. 14, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 6. Claims for Benefits › 39-71-602. Statute of limitation not to apply during minority or mental incompetency unless guardian appointed

39-71-602. Statute of limitation not to apply during minority or mental incompetency unless guardian appointed.
No limitation of time as provided in 39-71-601 or in this chapter, known as the Workers' Compensation Act, shall run as against any injured worker who is mentally incompetent and without a guardian or an injured minor under 18 years of age who may be without a parent or guardian. A guardian in either case may be appointed by any court of competent jurisdiction, in which event the period of limitations as provided for in 39-71-601 shall begin to run on the date of appointment of such guardian or when such minor arrives at 18 years of age, whichever date is earlier.
History: En. Sec. 10, Ch. 96, L. 1915; re-en. Sec. 2900, R.C.M. 1921; amd. Sec. 9, Ch. 121, L. 1925; re-en. Sec. 2900, R.C.M. 1935; amd. Sec. 1, Ch. 79, L. 1939; amd. Sec. 5, Ch. 235, L. 1947; R.C.M. 1947, 92-602; amd. Sec. 65, Ch. 397, L. 1979.