reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 14. Presumptive Occupational Disease -- Firefighters › 39-71-1402. Conditions for claiming presumptive occupational disease

39-71-1402.  (Temporary) Conditions for claiming presumptive occupational disease.
(1) Except as provided in subsection (4), the following must be satisfied for the presumption in 39-71-1401 to apply:
(a) the firefighter must timely file a claim for a presumptive occupational disease under Title 39, chapter 71, as soon as the firefighter knows or should have known that the firefighter's condition resulted from a presumptive occupational disease; and
(b) (i) the firefighter must have undergone, within 90 days of hiring, a medical examination that did not reveal objective medical evidence or a family history of the presumptive occupational disease for which the presumption under 39-71-1401 is sought; and
(ii) the firefighter must have undergone subsequent periodic medical examinations at least once every 2 years.
(2) (a) Subsection (1)(b) does not require the employer of a firefighter to provide or pay for a medical examination, either at the time of hiring or during the subsequent term of employment.
(b) If the employer of a firefighter does not provide or pay for a medical examination under subsection (1)(b), the firefighter may satisfy the requirements of subsection (1)(b) by obtaining the medical examination at the firefighter's expense or at the expense of another party.
(3) To qualify for a presumptive occupational disease, a firefighter may not:
(a) be a regular user of tobacco products;
(b) have a history of regular tobacco use in the 10 years preceding the filing of the claim under subsection (1)(a); or
(c) have been exposed by a cohabitant who regularly and habitually used tobacco products within the home for a period of 10 or more years prior to the diagnosis.
(4) A firefighter who, prior to July 1, 2019, did not receive a medical examination as frequently as the intervals set forth in subsection (1)(b) is not ineligible on that basis for a presumptive occupational disease claim under 39-71-1401 and this section. (Void on occurrence of contingency--sec. 7, Ch. 158, L. 2019.)
History: En. Sec. 2, Ch. 158, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1501. Short title

39-71-1501. Short title.
This part may be cited as the "Montana Safety Culture Act".
History: En. Sec. 1, Ch. 295, L. 1993; amd. Sec. 1, Ch. 170, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1502. Purpose

39-71-1502. Purpose.
The purpose of this part is to reduce the incidence of occupational injury and illness by promoting safety in the workplace in order to control the costs of claims for workers' compensation insurance. The creation of a safety culture requires employers to provide training and education to make safety awareness part of the requirement for each worker's satisfactory job performance and requires the department to promote safety awareness for the public through the education and preparation of each student for entrance into the labor market. A reduction in workplace injuries, illnesses, and deaths through enhanced safety on the job benefits the public as well as the employers and the employees by lowering both financial and physical costs. Ensuring immunity to insurers in the provision of safety consultation services encourages and promotes safety in the workplace and improves the relationship between employers and employees.
History: En. Sec. 2, Ch. 295, L. 1993; amd. Sec. 2, Ch. 170, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1503. Safety consultation

39-71-1503. Safety consultation.
(1) As used in this part, "safety consultation services" means assistance rendered by an insurer or the department to advise and aid an employer in the identification, evaluation, and control of existing and potential accidental and occupational health problems. The services may be delivered in person, by mail, electronically, or by telephone, based upon need.
(2) Safety consultation services include but are not limited to:
(a) surveys consisting of onsite identification and subsequent evaluation of exposures relative to employees, materials, equipment, work methods, processes, and facilities;
(b) recommendations expressed in the form of communications to an employer, with reference to control of exposures to occupational accident, injury, or illness and to improvement of safety programs and systems;
(c) education and training programs, including aids, programs, and materials made available to assist in the control of exposures;
(d) consultations to advise employers relative to risk, exposure, and experience in the employer's business;
(e) accident analysis consisting of review of reported accidents to determine cause and trends; and
(f) industrial hygiene services, including recognition, evaluation, and control of chemical, physical, and biological exposures.
History: En. Sec. 3, Ch. 295, L. 1993; amd. Sec. 3, Ch. 170, L. 2003; amd. Sec. 16, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1504. Safety programs -- educational activities

39-71-1504. Safety programs -- educational activities.
(1) To promote health and safety in places of employment in this state:
(a) each public or private employer shall establish and administer a safety program in accordance with rules adopted by the department pursuant to 39-71-1505; and
(b) the department, relying upon the support and assistance of concerned private entities or other governmental agencies, shall produce and distribute material to the schools of Montana and provide guest speakers intended to:
(i) educate students about the necessity for safe work practices;
(ii) prepare students to embark on accident-free careers; and
(iii) disseminate information promoting the reduction and control of the rate of incidence of workplace injuries or occupational disease.
(2) An employer who employs temporary workers shall include those workers in the employer's safety program. A temporary services contractor shall provide a safety program for employees not employed by other employers.
(3) The department may issue a safety recommendation to an employer who fails to comply with the requirements of this section or with rules adopted by the department pursuant to 39-71-1505.
History: En. Sec. 4, Ch. 295, L. 1993; amd. Sec. 1, Ch. 58, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1505. Rulemaking authority

39-71-1505. Rulemaking authority.
The department shall adopt rules, including but not limited to rules that require:
(1) each employer to conduct an educational-based safety program, including but not limited to:
(a) a safety training program to provide:
(i) new employee general safety orientation;
(ii) job- or task-specific safety training; and
(iii) continuous refresher safety training, including periodic safety meetings;
(b) periodic hazard assessment, with corrective actions identified; and
(c) appropriate documentation of performance of the activities; and
(2) an employer of more than five employees to have a comprehensive and effective safety program, including but not limited to:
(a) subject to subsection (3), a safety committee composed of employee and employer representatives that holds regularly scheduled meetings;
(b) procedures of reporting and investigating all work-related incidents, accidents, injuries, and illnesses; and
(c) policies and procedures that assign specific safety responsibilities and safety performance accountability.
(3) The department may adopt rules authorizing:
(a) a plan No. 2 or plan No. 3 insurer to waive the requirement in subsection (2)(a) for a safety committee if the employer presents sufficient evidence of an effective written safety plan and has a satisfactory modification factor, if applicable, or has a low incident record of injuries; or
(b) the department to waive the requirement in subsection (2)(a) for a safety committee if a plan No. 1 insurer approved by the department presents sufficient evidence of an effective safety program, including a written safety plan. A waiver granted under this subsection (3)(b) to a member of the self-insurers guaranty fund must be made with the concurrence of the fund.
History: En. Sec. 5, Ch. 295, L. 1993; amd. Sec. 1, Ch. 238, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1506. Notification of safety consultation services available by insurer

39-71-1506. Notification of safety consultation services available by insurer.
To implement safety requirements, each insurer shall notify each insured employer of the type of safety consultation services available and the location where the safety consultation services may be requested.
History: En. Sec. 6, Ch. 295, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1507. Safety consultation services -- safety program as provision of insurance contract or agreement

39-71-1507. Safety consultation services -- safety program as provision of insurance contract or agreement.
(1) Each insurer shall provide safety consultation services to each of its insured employers who request the assistance.
(2) The safety consultation services to be provided are within the discretion of the insurer but must include consideration of the hazard, experience, and size of the insured employer's operations.
(3) The insurer shall establish a system of priorities to use in responding to worksite safety consultation service requests, giving first priority to insured employers that have an unreasonably high actual or potential loss experience.
(4) Each insurer's insurance contract or agreement must require each insured employer to implement a safety program as part of the contract or agreement to provide workers' compensation coverage.
History: En. Sec. 7, Ch. 295, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 15. Montana Safety Culture Act › 39-71-1508. Safety consultation services -- insurer's exemption from civil liability -- exceptions

39-71-1508. Safety consultation services -- insurer's exemption from civil liability -- exceptions.
(1) The furnishing of or the failure to furnish safety consultation services related to, in connection with, or incidental to a workers' compensation insurance contract or agreement to provide workers' compensation coverage does not subject the insurer or its agents, employees, or service contractors to liability for damages from injury, loss, or death, whether direct or consequential, occurring as a result of any act or omission by any person in the course of providing safety consultation services.
(2) Subsection (1) does not apply:
(a) if the injury, loss, or death occurred during the actual performance of safety consultation services and was directly and proximately caused by the negligence of the insurer or its agents, employees, or service contractors;
(b) to any safety consultation services required to be performed under the provisions of a written service contract for which a specific charge is made and not incidental to a policy of insurance; or
(c) in an action against an insurer or its agents, employees, or service contractors for damages caused by the act or omission of the insurer or its agents, employees, or service contractors in which it is judicially determined that the act or omission constituted a crime or involved actual malice.
History: En. Sec. 9, Ch. 295, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2101. General requirements for electing coverage under plan

39-71-2101. General requirements for electing coverage under plan.
(1) An employer may elect to be bound by compensation plan No. 1 upon furnishing satisfactory proof to the department and the Montana self-insurers guaranty fund of solvency and financial ability to pay the compensation and benefits provided for in this chapter and to discharge all liabilities that are reasonably likely to be incurred during the fiscal year for which the election is effective. The employer may, by order of the department and with the concurrence of the guaranty fund, make the payments directly to employees as they become entitled to receive payments under the terms and conditions of this chapter.
(2) Employers who comply with the provisions of this chapter and who are participating in collectively bargained, jointly administered Taft-Hartley trust funds are eligible to provide self-insured workers' compensation benefits for their employees.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2970, R.C.M. 1921; re-en. Sec. 2970, R.C.M. 1935; amd. Sec. 2, Ch. 443, L. 1973; R.C.M. 1947, 92-901; amd. Sec. 81, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 163, L. 1991; amd. Sec. 7, Ch. 619, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2102. Proof of solvency to be filed

39-71-2102. Proof of solvency to be filed.
Each employer who has elected to be bound by compensation plan No. 1 shall file proof of solvency within the time and in the form prescribed by the rules or orders of the department.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2971, R.C.M. 1921; amd. Sec. 5, Ch. 139, L. 1931; re-en. Sec. 2971, R.C.M. 1935; amd. Sec. 3, Ch. 176, L. 1957; amd. Sec. 169, Ch. 147, L. 1963; amd. Sec. 1, Ch. 183, L. 1965; amd. Sec. 1, Ch. 170, L. 1969; amd. Sec. 1, Ch. 143, L. 1971; amd. Sec. 3, Ch. 443, L. 1973; amd. Sec. 2, Ch. 318, L. 1975; R.C.M. 1947, 92-902; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1549, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2103. Employer permitted to carry on business and settle directly with employee -- individual liability

39-71-2103. Employer permitted to carry on business and settle directly with employee -- individual liability.
(1) If the employer making the election is found by the department and the Montana self-insurers guaranty fund to have the requisite financial ability to pay the compensation and benefits in this chapter, then the department, with the concurrence of the guaranty fund, shall grant to the employer permission to carry on business for the year within which the election is made and proof filed, or the remaining portion of the year, and to make payments directly to the employees as they may become entitled to receive the payments.
(2) Each individual employer in an association, corporation, limited liability company, or organization of employers given permission by the department to operate as self-insured under plan No. 1 of this chapter is jointly and severally liable for all obligations incurred by the association, corporation, limited liability company, or organization under this chapter. An association, corporation, limited liability company, or organization of employers given permission to operate as self-insured shall maintain excess liability coverage in amounts and under conditions as provided by rules of the department.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2972, R.C.M. 1921; re-en. Sec. 2972, R.C.M. 1935; amd. Sec. 51, Ch. 23, L. 1975; R.C.M. 1947, 92-903(part); amd. Sec. 2, Ch. 480, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 2, Ch. 163, L. 1991; amd. Sec. 19, Ch. 516, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2104. Renewal of application

39-71-2104. Renewal of application.
An employer, so long as that employer continues to employ and continues to be bound by compensation plan No. 1, shall annually renew the application to be permitted to continue to make payments directly to employees for the next year. The department may, with the concurrence of the Montana self-insurers guaranty fund, renew the application from year to year. The annual renewal application must be in the form, for the period, and subject to the time limits prescribed by the department.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2972, R.C.M. 1921; re-en. Sec. 2972, R.C.M. 1935; amd. Sec. 51, Ch. 23, L. 1975; R.C.M. 1947, 92-903(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 3, Ch. 163, L. 1991; amd. Sec. 10, Ch. 555, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2105. Additional proof of solvency -- revocation of order

39-71-2105. Additional proof of solvency -- revocation of order.
(1) The department, with the concurrence of the Montana self-insurers guaranty fund, may at any time require from any employer acting under compensation plan No. 1 additional proof of solvency and financial ability to pay the benefits provided by this chapter.
(2) The department may, after providing an opportunity for an administrative review conference to consider information submitted by a plan No. 1 employer, revoke any order of approval upon 20 days' notice to the employer. A decision to revoke approval involving a plan No. 1 employer who is a member of the Montana self-insurers guaranty fund requires the concurrence of the guaranty fund. A plan No. 1 employer that is dissatisfied with the decision following the administrative review conference may appeal the decision and request a contested case hearing pursuant to 39-71-2401(2).
(3) A decision revoking an order of approval is final unless the employer files an appeal with the department within 20 days of the issuance of the notice. An employer may not continue to self insure after the 20-day period provided for in subsection (2) has expired unless the department is satisfied that the employer has provided sufficient security and financial ability to pay the benefits provided by this chapter. A decision issued pursuant to this subsection involving a plan No. 1 employer who is a member of the Montana self-insurers guaranty fund requires the concurrence of the guaranty fund.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2973, R.C.M. 1921; re-en. Sec. 2973, R.C.M. 1935; amd. Sec. 52, Ch. 23, L. 1975; R.C.M. 1947, 92-904; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 150, L. 1993; amd. Sec. 7, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2107. When employer to make deposit or security to guarantee payment of compensation

39-71-2107. When employer to make deposit or security to guarantee payment of compensation.
Within 30 days after the happening of an accident where death or the nature of the injury renders the amount of future payments certain or reasonably certain, the employer shall make a deposit or give security, as herein defined, with the department for the protection and guaranty of the payment of such liability in such sum as the department may direct. However, if sufficient securities are already on deposit with the department or if the department determines that the employer has sufficient financial responsibility to meet the liability of the employer, together with other liabilities already accrued, no such additional deposit or security shall be demanded.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2976, R.C.M. 1921; re-en. Sec. 2976, R.C.M. 1935; amd. Sec. 55, Ch. 23, L. 1975; R.C.M. 1947, 92-907; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2108. Failure of employer to pay benefits -- duty of department

39-71-2108. Failure of employer to pay benefits -- duty of department.
Upon the failure of the employer to pay any benefits provided for in this chapter upon the terms, in the amounts, and at the times when the benefits become due and payable, the department shall, upon demand of the person to whom benefits are due, apply any deposits made with the department to the payment of the benefits, and the department shall take the proper steps to convert any securities on deposit with the department or sufficient deposits to pay the liabilities of the employer accruing under the terms of this chapter. The department shall, when necessary, collect and enforce the collection of the liability of all sureties upon any bonds that may be given by the employer to ensure the payment of the employer's liability. The department is considered the owner of the deposit and security and the obligee in the bond in trust for the purposes and may proceed in its own name to recover upon the bonds or foreclose and liquidate the securities. All interest earnings on liquidated security deposits must be retained by the department for payment of benefits pursuant to this section.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2975, R.C.M. 1921; re-en. Sec. 2975, R.C.M. 1935; amd. Sec. 54, Ch. 23, L. 1975; R.C.M. 1947, 92-906; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 8, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2109. Repealed

39-71-2109. Repealed.
Sec. 21, Ch. 555, L. 1993.
History: En. Sec. 30, Ch. 96, L. 1915; re-en. Sec. 2977, R.C.M. 1921; re-en. Sec. 2977, R.C.M. 1935; amd. Sec. 56, Ch. 23, L. 1975; R.C.M. 1947, 92-908; amd. Sec. 2, Ch. 471, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 4, Ch. 163, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 21. Compensation Plan Number One › 39-71-2115. Transfer of claim liabilities -- rules

39-71-2115. Transfer of claim liabilities -- rules.
(1) A current or former self-insurer or group may transfer existing workers' compensation claim liabilities to another entity upon authorization from the department and concurrence of the Montana self-insurers guaranty fund by:
(a) submitting an application on a form designated by the department;
(b) completing an agreement of assumption and guarantee of workers' compensation liabilities;
(c) submitting a loss portfolio transfer agreement; and
(d) posting a security deposit.
(2) If the assuming entity fails to meet the terms of the transfer agreement, liability reverts to the original self-insurer.
(3) The entity assuming liability for a claim shall comply with all reporting requirements set by the department.
(4) The department shall adopt rules to implement this section.
History: En. Sec. 2, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2201. Election to be bound by plan -- captive reciprocal insurers

39-71-2201. Election to be bound by plan -- captive reciprocal insurers.
(1) Any employer except those specified in 39-71-403 may, by filing an election to become bound by compensation plan No. 2, insure the employer's liability to pay the compensation and benefits provided by this chapter with any insurance company authorized to transact such business in this state.
(2) Any employer electing to become bound by compensation plan No. 2 shall make the election on the form and in the manner prescribed by the department.
(3) A captive reciprocal insurer established by or on behalf of an employer or a group of employers is considered to be a compensation plan No. 2 insurer. Pursuant to 33-28-205, a captive reciprocal insurer may not be a member of an insurance guaranty association or guaranty fund.
History: (1)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2978, R.C.M. 1921; re-en. Sec. 2978, R.C.M. 1935; amd. Sec. 1, Ch. 49, L. 1961; Sec. 92-1001, R.C.M. 1947; (2)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2979, R.C.M. 1921; re-en. Sec. 2979, R.C.M. 1935; amd. Sec. 2, Ch. 49, L. 1961; amd. Sec. 57, Ch. 23, L. 1975; amd. Sec. 1, Ch. 324, L. 1977; Sec. 92-1002, R.C.M. 1947; R.C.M. 1947, 91-1001, 92-1002(1); amd. Sec. 82, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 10, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2202. Policies made subject to chapter

39-71-2202. Policies made subject to chapter.
Every policy for insurance written under compensation plan No. 2 shall be considered to be made subject to the provisions of this chapter.
History: En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2982, R.C.M. 1921; re-en. Sec. 2982, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1951; amd. Sec. 5, Ch. 176, L. 1957; amd. Sec. 1, Ch. 203, L. 1959; amd. Sec. 170, Ch. 147, L. 1963; amd. Sec. 1, Ch. 142, L. 1971; amd. Sec. 59, Ch. 23, L. 1975; amd. Sec. 3, Ch. 318, L. 1975; R.C.M. 1947, 92-1005; amd. Sec. 13, Ch. 103, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2203. Content of policies -- policies subject to approval, change, or revision by department

39-71-2203. Content of policies -- policies subject to approval, change, or revision by department.
(1) All policies insuring the payment of compensation under this chapter must contain a clause to the effect that, as between the employee and the insurer:
(a) the notice to or knowledge of the occurrence of the injury on the part of the insured constitutes notice or knowledge, as the case may be, on the part of the insurer;
(b) jurisdiction of the insured for the purpose of this chapter is the jurisdiction of the insurer; and
(c) the insurer is in all things bound by and subject to the awards, orders, judgments, or decrees rendered against the insured.
(2) A policy may not be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to compensation all the installments of compensation or other payments provided for in this chapter and that the obligation is not affected by any default of the insured after the injury or by any default in the giving of any notice required by the policy or by this chapter or otherwise. The agreement must be construed to be a direct promise by the insured to the person entitled to compensation.
(3) Every policy or contract insuring against liability for compensation under compensation plan No. 2 must contain a clause to the effect that the insurer is directly and primarily liable to and will pay directly to the employee or in case of death to the employee's beneficiaries or major or minor dependents the compensation, if any, for which the employer is liable.
(4) Every policy must at all times be subject to approval, change, or revision by the department and must contain the clauses, agreements, and promises required by this chapter.
(5) All Montana operations of an employer, as defined in 39-71-117, covered under plan No. 2 must be insured by the same insurer.
History: (1)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2980, R.C.M. 1921; amd. Sec. 6, Ch. 139, L. 1931; re-en. Sec. 2980, R.C.M. 1935; amd. Sec. 4, Ch. 176, L. 1957; Sec. 92-1003, R.C.M. 1947; (2)En. Sec. 35, Ch. 96, L. 1915; amd. Sec. 10, Ch. 100, L. 1919; re-en. Sec. 2981, R.C.M. 1921; amd. Sec. 11, Ch. 177, L. 1929; re-en. Sec. 2981, R.C.M. 1935; amd. Sec. 1, Ch. 141, L. 1971; amd. Sec. 58, Ch. 23, L. 1975; Sec. 92-1004, R.C.M. 1947; (3), (4)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2988, R.C.M. 1921; re-en. Sec. 2988, R.C.M. 1935; Sec. 92-1011, R.C.M. 1947; R.C.M. 1947, 92-1003, 92-1004(part), 92-1011; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 9, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2204. Insurer to submit notice of coverage within 30 days -- penalty for failure

39-71-2204. Insurer to submit notice of coverage within 30 days -- penalty for failure.
(1) The insurer shall, within 30 days after the issuance of a policy of workers' compensation insurance, submit to the department the notice of coverage stating the effective date of the policy insuring the employer and other information that may be required by the department. Notice to the department under this section must be provided electronically.
(2) The department:
(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for authorized workers' compensation insurers in Montana; and
(b) shall, under terms and conditions acceptable to the department, accept notice of coverage received from the agents recognized under subsection (2)(a) as the insurer's notice of coverage.
(3) The department may, in its discretion, assess a penalty of not more than $200 against an insurer that does not comply with the 30-day notice requirement set forth in subsection (1). The penalty may be assessed for each policy that is not reported to the department in a timely manner.
History: En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2979, R.C.M. 1921; re-en. Sec. 2979, R.C.M. 1935; amd. Sec. 2, Ch. 49, L. 1961; amd. Sec. 57, Ch. 23, L. 1975; amd. Sec. 1, Ch. 324, L. 1977; R.C.M. 1947, 92-1002(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 12, Ch. 555, L. 1993; amd. Sec. 25, Ch. 186, L. 1995; amd. Sec. 14, Ch. 214, L. 2001; amd. Sec. 10, Ch. 69, L. 2005; amd. Sec. 11, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2205. Policy in effect until canceled or replaced -- 20-day notification of cancellation required -- penalty

39-71-2205. Policy in effect until canceled or replaced -- 20-day notification of cancellation required -- penalty.
(1) The policy remains in effect until canceled, and cancellation may take effect only by written notice to the named insured and to the department at least 20 days prior to the date of cancellation. However, the policy terminates on the effective date of a replacement or succeeding workers' compensation insurance policy issued to the insured. Nothing in this section prevents an insurer from canceling a policy of workers' compensation insurance before a replacement policy is issued to the insured. Notice to the department under this section must be provided electronically.
(2) The department:
(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for authorized workers' compensation insurers in Montana; and
(b) shall, under terms and conditions acceptable to the department, accept notice of cancellation received from the agents recognized under subsection (2)(a) as the insurer's notice of cancellation.
(3) (a) The department may assess a penalty of up to $200 against an insurer that does not comply with the notice requirement in subsection (1). The penalty may be assessed for each policy cancellation that is not reported to the department in a timely manner.
(b) An insurer may contest the penalty assessment in a hearing conducted according to department rules.
History: En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2979, R.C.M. 1921; re-en. Sec. 2979, R.C.M. 1935; amd. Sec. 2, Ch. 49, L. 1961; amd. Sec. 57, Ch. 23, L. 1975; amd. Sec. 1, Ch. 324, L. 1977; R.C.M. 1947, 92-1002(part); amd. Sec. 1, Ch. 333, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 13, Ch. 555, L. 1993; amd. Sec. 26, Ch. 186, L. 1995; amd. Sec. 15, Ch. 214, L. 2001; amd. Sec. 11, Ch. 69, L. 2005; amd. Sec. 12, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2206. Repealed

39-71-2206. Repealed.
Sec. 13, Ch. 310, L. 1997.
History: (1)En. Sec. 35, Ch. 96, L. 1915; amd. Sec. 10, Ch. 100, L. 1919; re-en. Sec. 2981, R.C.M. 1921; amd. Sec. 11, Ch. 177, L. 1929; re-en. Sec. 2981, R.C.M. 1935; amd. Sec. 1, Ch. 141, L. 1971; amd. Sec. 58, Ch. 23, L. 1975; Sec. 92-1004, R.C.M. 1947; (2)En. Sec. 35, Ch. 96, L. 1915; amd. Sec. 11, Ch. 100, L. 1919; re-en. Sec. 2984, R.C.M. 1921; re-en. Sec. 2984, R.C.M. 1935; amd. Sec. 61, Ch. 23, L. 1975; Sec. 92-1007, R.C.M. 1947; (3)En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2989, R.C.M. 1921; re-en. Sec. 2989, R.C.M. 1935; Sec. 92-1012, R.C.M. 1947; R.C.M. 1947, 92-1004(part), 92-1007, 92-1012; amd. Sec. 83, Ch. 397, L. 1979; amd. Sec. 1, Ch. 242, L. 1987; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 14, Ch. 555, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2207. Repealed

39-71-2207. Repealed.
Sec. 21, Ch. 555, L. 1993.
History: En. Sec. 35, Ch. 96, L. 1915; re-en. Sec. 2985, R.C.M. 1921; re-en. Sec. 2985, R.C.M. 1935; amd. Sec. 62, Ch. 23, L. 1975; R.C.M. 1947, 92-1008; amd. Sec. 3, Ch. 471, L. 1985; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2211. Premium rates for construction industry -- filing required

39-71-2211. Premium rates for construction industry -- filing required.
(1) With respect to each classification of risk in the construction industry under plan No. 2, the advisory organization designated under 33-16-1023 shall file with the commissioner of insurance a method of computing premiums that does not impose a higher insurance premium solely because of an employer's higher rate of wages paid.
(2) The commissioner shall accept a filing under subsection (1) that includes a reasonable method of recognizing differences in rates of pay. This method must use a credit scale with the starting point set at 1.168 times the state's average weekly wage as reported by the department.
(3) The advisory organization shall file a revenue neutral plan for new and renewed policies for prompt and orderly transition to a method of computing premiums that is in compliance with the requirements of this section.
(4) The state compensation insurance fund, plan No. 3, shall use the plan filed by the designated advisory organization or use a credit scale plan that meets the requirements of this section.
(5) For the purposes of this section, "construction industry" means the construction group of code classifications filed with and approved by the commissioner to be used by the advisory organization to comply with this section.
History: En. Sec. 3, Ch. 480, L. 1991; amd. Sec. 1, Ch. 224, L. 1993; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 27, Ch. 186, L. 1995; amd. Sec. 1, Ch. 131, L. 1999; amd. Sec. 8, Ch. 26, L. 2005; amd. Sec. 1, Ch. 193, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 22. Compensation Plan Number Two › 39-71-2215. Repealed

39-71-2215. Repealed.
Sec. 3, Ch. 79, L. 2021.
History: En. Sec. 15, Ch. 117, L. 2007; amd. Sec. 3, Ch. 150, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2301. Repealed

39-71-2301. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2993, R.C.M. 1921; re-en. Sec. 2993, R.C.M. 1935; amd. Sec. 4, Ch. 123, L. 1957; amd. Sec. 176, Ch. 147, L. 1963; amd. Sec. 22, Ch. 329, L. 1969; amd. Sec. 69, Ch. 23, L. 1975; amd. Sec. 1, Ch. 171, L. 1975; R.C.M. 1947, 92-1105(1); amd. Sec. 14, Ch. 103, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2302. Repealed

39-71-2302. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2990, R.C.M. 1921; re-en. Sec. 2990, R.C.M. 1935; amd. Sec. 1, Ch. 123, L. 1957; amd. Sec. 175, Ch. 147, L. 1963; amd. Sec. 1, Ch. 233, L. 1969; amd. Sec. 20, Ch. 329, L. 1969; amd. Sec. 65, Ch. 23, L. 1975; R.C.M. 1947, 92-1101; amd. Sec. 1, Ch. 232, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2304. Repealed

39-71-2304. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: (1)En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2992, R.C.M. 1921; re-en. Sec. 2992, R.C.M. 1935; amd. Sec. 3, Ch. 123, L. 1957; amd. Sec. 21, Ch. 329, L. 1969; amd. Sec. 68, Ch. 23, L. 1975; Sec. 92-1104, R.C.M. 1947; (2) thru (5)En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2993, R.C.M. 1921; re-en. Sec. 2993, R.C.M. 1935; amd. Sec. 4, Ch. 123, L. 1957; amd. Sec. 176, Ch. 147, L. 1963; amd. Sec. 22, Ch. 329, L. 1969; amd. Sec. 69, Ch. 23, L. 1975; amd. Sec. 1, Ch. 171, L. 1975; Sec. 92-1105, R.C.M. 1947; R.C.M. 1947, 92-1104, 92-1105(3), (4); amd. Sec. 4, Ch. 283, L. 1983; amd. Sec. 2, Ch. 232, L. 1987; amd. Sec. 1, Ch. 239, L. 1987; amd. Sec. 10, Ch. 333, L. 1989; amd. Sec. 2, Ch. 641, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2305. Repealed

39-71-2305. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: En. 92-1105.1 by Sec. 28, Ch. 341, L. 1969; amd. Sec. 70, Ch. 23, L. 1975; R.C.M. 1947, 92-1105.1; amd. Sec. 1, Ch. 109, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2306. Repealed

39-71-2306. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2996, R.C.M. 1921; re-en. Sec. 1996, R.C.M. 1935; amd. Sec. 4, Ch. 233, L. 1969; amd. Sec. 71, Ch. 23, L. 1975; R.C.M. 1947, 92-1108; amd. Sec. 15, Ch. 103, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2309. Repealed

39-71-2309. Repealed.
Sec. 16, Ch. 103, L. 1979.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3003, R.C.M. 1921; re-en. Sec. 3003, R.C.M. 1935; amd. Sec. 182, Ch. 147, L. 1963; amd. Sec. 76, Ch. 23, L. 1975; R.C.M. 1947, 92-1115.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2310. Repealed

39-71-2310. Repealed.
Sec. 16, Ch. 103, L. 1979.
History: (1)En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3004, R.C.M. 1921; re-en. Sec. 3004, R.C.M. 1935; amd. Sec. 183, Ch. 147, L. 1963; Sec. 92-1116, R.C.M. 1947; (2)En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3005, R.C.M. 1921; re-en. Sec. 3005, R.C.M. 1935; amd. Sec. 77, Ch. 23, L. 1975; Sec. 92-1117, R.C.M. 1947; R.C.M. 1947, 92-1116, 92-1117.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2311. Intent and purpose of plan -- expense constant defined

39-71-2311. Intent and purpose of plan -- expense constant defined.
(1) It is the intent and purpose of the state fund to allow employers an option to insure their liability for workers' compensation and occupational disease coverage with the state fund. The state fund must be neither more nor less than self-supporting. Premium rates must be set at least annually at a level sufficient to ensure the adequate funding of the insurance program, including the costs of administration, benefits, and adequate reserves, during and at the end of the period for which the rates will be in effect. In determining premium rates, the state fund shall make every effort to adequately predict future costs. When the costs of a factor influencing rates are unclear and difficult to predict, the state fund shall use a prediction calculated to be more than likely to cover those costs rather than less than likely to cover those costs. The prediction must take into account the goal of pooling risk and may not place an undue burden on employers that are not eligible for the tier with the lowest-rated premium for workers' compensation purposes.
(2) Unnecessary surpluses that are created by the imposition of premiums found to have been set higher than necessary because of a high estimate of the cost of a factor or factors may be refunded by the declaration of a dividend as provided in this part. For the purpose of keeping the state fund solvent, the board of directors may implement multiple rating tiers as provided in 39-71-2330 and may assess an expense constant, a minimum premium, or both.
(3) As used in this section, "expense constant" means a premium charge applied to each workers' compensation policy to pay expenses related to issuing, servicing, maintaining, recording, and auditing the policy.
History: En. Sec. 1, Ch. 613, L. 1989; amd. Sec. 7, Ch. 4, Sp. L. May 1990; amd. Sec. 6, Ch. 323, L. 1991; amd. Sec. 12, Ch. 295, L. 1993; amd. Sec. 1, Ch. 305, L. 1995; amd. Sec. 7, Ch. 314, L. 2001; amd. Sec. 3, Ch. 218, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2312. Definitions

39-71-2312. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Board" means the board of directors of the state compensation insurance fund provided for in 2-15-1019.
(2) "Commissioner" means the commissioner of insurance as provided in 2-15-1903.
(3) "Executive director" means the chief executive officer of the state compensation insurance fund.
(4) "Fiscal year" means for the purposes of the state fund under Title 33 and this part the period from January 1 in one year to December 31 of that same year. A fiscal year for the purposes of assessments under Title 39, chapter 71, is as defined in 39-71-116.
(5) "Guaranteed market" means the insurer that is required to insure any employer in this state who requests to insure their liability for workers' compensation and occupational disease coverage and that may not refuse to provide coverage unless an employer or the employer's principals have defaulted on an obligation and the default remains unsatisfied.
(6) "State fund" means the state compensation insurance fund provided for in 39-71-2313 that serves as the guaranteed market for this state. It is also known as compensation plan No. 3 or plan No. 3.
History: En. Sec. 2, Ch. 613, L. 1989; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 9, Ch. 26, L. 2005; amd. Sec. 13, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2313. State compensation insurance fund created -- obligation to insure

39-71-2313. State compensation insurance fund created -- obligation to insure.
(1) There is a state compensation insurance fund known as the state fund that is a nonprofit, independent public corporation established for the purpose of allowing an option for employers to insure their liability for workers' compensation and occupational disease coverage under this chapter.
(2) The state fund is required to insure any employer in this state who requests coverage, and it may not refuse to provide coverage unless an employer or the employer's principals have defaulted on a state fund obligation and the default remains unsatisfied.
History: En. Sec. 4, Ch. 613, L. 1989; amd. Sec. 8, Ch. 4, Sp. L. May 1990; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 2, Ch. 305, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2314. Repealed

39-71-2314. Repealed.
Sec. 22, Ch. 320, L. 2015.
History: En. Sec. 10, Ch. 613, L. 1989; amd. Sec. 9, Ch. 4, Sp. L. May 1990; amd. Sec. 3, Ch. 630, L. 1993; amd. Sec. 11, Ch. 310, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2315. Management of state fund -- powers and duties of board -- business plan required

39-71-2315. Management of state fund -- powers and duties of board -- business plan required.
(1) The management and control of the state fund is vested in the board, subject to the statutory limitations imposed by this part.
(2) The board is vested with full power, authority, and jurisdiction over the state fund except that the board may not dissolve or liquidate the state fund. To fulfill the objectives and intent of this part, the board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the administration of the state fund or in connection with the insurance business to be carried on under the provisions of this part, as fully and completely as the governing body of a private mutual insurance carrier and subject to the regulatory authority of the insurance commissioner in Title 33, except as provided in 33-1-115 and 39-71-2375.
(3) Neither the board, the state fund, nor the executive director may issue bonds on behalf of the state fund.
(4) (a) The board shall adopt a business plan no later than December 31 for the next fiscal year.
(b) At a minimum, the plan must include:
(i) specific goals for the fiscal year for financial performance. The standard for measurement of financial performances must include an evaluation of premium to surplus.
(ii) specific goals for the fiscal year for operating performance. Goals must include but not be limited to specific performance standards for staff in the area of senior management, underwriting, and claims administration. Goals must, in general, maximize efficiency, economy, and equity as allowed by law.
(5) The business plan must be available upon request to the general public for a fee not to exceed the actual cost of publication. However, performance goals relating to a specific employment position are confidential and not available to the public.
(6) No sooner than January 1 or later than March 31, the board shall convene a public meeting to review the performance of the state fund, using the business plan for comparison of all the established goals and targets. The board shall publish, by May 30 of each year, a report of the state fund's actual performance as compared to the business plan.
(7) The state fund board of directors shall establish in-house guidelines for procurement of insurance-related services and shall include guidelines for the solicitation of submissions of information regarding insurance-related services from more than one vendor. The board may include guidelines for the circumstances when business necessity or expedience may preclude the solicitation of submissions from more than one vendor. The board may also include in the guidelines the exemptions to the procurement process in 18-4-132.
History: En. Sec. 5, Ch. 613, L. 1989; amd. Sec. 10, Ch. 4, Sp. L. May 1990; amd. Sec. 19, Ch. 619, L. 1993; amd. Sec. 2, Ch. 407, L. 1999; amd. Sec. 14, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2317. Appointment of executive director -- management staff

39-71-2317. Appointment of executive director -- management staff.
The board shall appoint an executive director of the state fund who has general responsibility for the operations of the state fund. The executive director must have executive level experience, with knowledge of the insurance industry. The executive director must receive compensation as set by the board and serve at the pleasure of the board. The executive director may hire the management staff of the state fund, each of whom serves at the pleasure of the executive director.
History: En. Sec. 7, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2318. Personal liability excluded

39-71-2318. Personal liability excluded.
The members of the board, the executive director, and employees of the state fund are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the state fund.
History: En. Sec. 6, Ch. 613, L. 1989.