reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702F - INITIAL ELECTION-INDIVIDUAL EMPLOYERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403,
					 39-71-2101,
					 39-71-2102,
					 and
					 39-71-2103
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702G - INITIAL ELECTION-GROUPS OF EMPLOYERS AND NEW MEMBERS OF EXISTING GROUPS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403,
					 39-71-2101,
					 39-71-2102,
					 39-71-2103
					 and
					 39-71-2106
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702H - PERMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403,
					 39-71-2101,
					 39-71-2102,
					 and
					 39-71-2103
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702I - RENEWAL REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2104
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702J - RENEWAL-INDIVIDUAL EMPLOYERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2104
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702K - RENEWAL-GROUP OF EMPLOYERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2104
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702L - SUSPENSION AND REVOCATION OF PERMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2104
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702M - TERMINATION BY SELF-INSURER (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2101
					 to
					 39-71-2109
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702N - REVIEW PROCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2101
					 to
					 39-71-2109
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.702O - NOTIFICATION OF CHANGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-403
					 and
					 39-71-2101
					 to
					 39-71-2109,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.703 - EVIDENCE OF COVERAGE

Current through Register Vol. 13, July 5, 2024
(1) Insurance
				policies under plan No. 2 or 3 must include:
(a) Montana in section 3A of the coverage
				declarations page; or
(b) Montana
				in section 3C of the other or all-states coverage declarations page, expressly
				as a state to which the policy extends coverage.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.704 - WHO MUST BE BOUND (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-401,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.705 - CORPORATE OFFICER EXEMPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706 - ELECTION NOT TO BE BOUND-INDEPENDENT CONTRACTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-71-401
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706A - APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(IS HEREBY TRANSFERRED TO ARM
				  24.35.111 )
39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-71-120,
					 39-71-401
					 and
					 39-71-409
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706B - RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(IS HEREBY TRANSFERRED TO ARM
				  24.35.116 )
39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-71-120 and
					 39-71-401
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706C - APPLICATION FEE FOR INDEPENDENT CONTRACTOR EXEMPTTON

Current through Register Vol. 13, July 5, 2024
(IS HEREBY TRANSFERRED TO ARM
				  24.35.121 )
39-9-103,
					 39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-9-206,
					 39-71-120 and
					 39-71-401
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706D - SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(IS HEREBY TRANSFERRED TO ARM
				  24.35.131 )
39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-71-120 and
					 39-71-401
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.706E - GUIDELINES FOR DETERMINING WHETHER AN INDEPENDENT CONTRACTOR EXEMPTION IS NEEDED

Current through Register Vol. 13, July 5, 2024
(IS HEREBY TRANSFERRED TO ARM
				  24.35.141 )
39-71-203
					 and
					 39-71-401
					 MCA; IMP,
					 39-71-120 and
					 39-71-401
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.707 - INEFFECTIVE ELECTION TO BE BOUND, RESULTING DIVISION ACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-408,
					 39-71-504
					 and
					 39-71-507,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.708 - POSTING INSURANCE STATUS IN WORKPLACE (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 and
					 39-71-401,
					 MCA; IMP,
					 39-71-401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.709 - SECURITY DEPOSITS FOR PLAN NO. 2 INSURERS-REPORTS

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-401,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.711 - STATUS OF CERTAIN PERSONAL ASSISTANTS FOR THE PURPOSE OF WORKERS' COMPENSATION LAWS

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of workers' compensation and occupational disease laws, a person with
				a disability who receives services of a personal assistant or an immediately
				involved representative of the disabled person, such as a parent or guardian,
				is not the employer of the personal assistant despite the exercise of control
				over the selection, management and supervision of the personal assistant if:
(a) the personal assistant is providing
				services to the disabled person pursuant to
				53-6-145,
				MCA, and rules adopted by the department of public health and human services
				implementing that statute; and
(b)
				the personal assistant is the employee of another person or entity that has the
				right to exercise an employer's control over the personal assistant, including
				the right to discipline and terminate employment.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.713 - EVIDENCE OF INSURANCE COVERAGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-304,
					 39-71-401,
					 39-71-402,
					 39-71-2201,
					 39-71-2336,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.720 - PAYMENTS THAT ARE NOT WAGES-EMPLOYEE EXPENSES

Current through Register Vol. 13, July 5, 2024
(1) Payments made to an employee to reimburse
				the employee for ordinary and necessary expenses incurred in the course and
				scope of employment are not wages if all of the following are met:
(a) the amount of each employee's
				reimbursement is entered separately in the employer's records;
(b) the employee could reasonably be expected
				to incur the expenses while traveling on the business of the
				employer;
(c) the reimbursement is
				not based on a percentage of the employee's wages nor is it deducted from
				wages; and
(d) the reimbursement
				does not replace the customary wage for the occupation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.7 - Employers Insurance Requirements › Rule 24.29.721 - VALUE OF EMPLOYER-FURNISHED HOUSING

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this rule, the following definitions apply:
(a) "Agricultural employer" means an employer
				whose operations are assigned to an agricultural classification code for
				workers' compensation purposes. The term is intended to be consistent with the
				definition of agriculture provided by
				15-1-101, MCA.
(b) "Bedroom" means a room in a dwelling that
				is primarily used for sleeping.
(c)
				"Dwelling" means a building equipped for human habitation.
(d) "Zero bedrooms" means a dwelling that is
				an efficiency, dormitory, or a bunkhouse.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.801 - ACCIDENT REPORTING

Current through Register Vol. 13, July 5, 2024
(1) A plan No. 1 or
				plan No. 2 employer shall submit the first report of injury/occupational
				disease form to its insurer within six days of notice of an accident, injury,
				or occupational disease. If a first report is improperly sent to the
				department, it will be forwarded to the insurer, if any.
(2) An employer not covered by workers'
				compensation shall submit the report to the department.
(3) An employee may submit a report to the
				department.
AUTH:
					 39-71-203,
					 39-71-307, MCA; IMP:
					 39-71-307,
					 39-71-603,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.802 - SUPPORT DOCUMENTS FOR REPORTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-203,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.803 - COMPENSATION TO BE PAID (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-740,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.804 - EXAMINERS AND THIRD-PARTY ADMINISTRATORS IN MONTANA (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-107,
					 39-71-203, MCA; IMP:
					 39-71-105,
					 39-71-107,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.805 - CONTINUITY OF COMPENSATION PAYMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-741,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.806 - MEDICAL EVALUATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-203,
					 MCA; Eff. 12/31/72; AMD,
					 39-71-203
					 MCA; IMP,
					 39-71-307
					 and
					 39-71-604
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.807 - PROTECTION OF PERSONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-203,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.808 - GENERAL RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-203,
					 39-71-605
					 and
					 39-71-1001,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.811

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-320,
					 MCA IMP:
					 39-71-105,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.813 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "Certified claims examiner"
				means a claims examiner who is in compliance with the requirements of
				39-71-320, MCA.
(2) "Credit hours" means the value assigned
				to a course by the department, upon review and approval of course materials and
				content outline.
(3) "Hour," for
				the purposes of continuing education credits, means a 50-minute
				period.
(4) "Instructor" means an
				individual who meets the requirements set forth in ARM
				24.29.844, is identified by a
				sponsoring organization in a course submission, participates in course
				presentations, activities and discussions, and who may monitor the attendance
				and conduct of course participants, or administer examinations.
(5) "New hire" means a person who has:
(a) not been previously employed by the
				insurer or third-party administrator as a claims examiner;
(b) been separated from employment with the
				insurer or third-party administrator for at least 60 days and is required to
				complete new hire paperwork such as a Form I-9 or Form W-4; or
(c) received an internal promotion or
				transfer to a claims examiner position. The term includes a temporary
				employee.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.816 - DECISIONS WHICH MUST BE MADE BY A CERTIFIED CLAIMS EXAMINER

Current through Register Vol. 13, July 5, 2024
(1) Except as provided by ARM
				24.29.818 and this rule, only a
				certified claims examiner may perform the tasks identified by
				39-71-116, MCA, as being the
				responsibility of a claims examiner.
(2) After an insurer or its agent has
				accepted liability for the claim or has begun paying benefits under a
				reservation of rights (including pursuant to
				39-71-608, MCA), a certified
				claims examiner is responsible for making any decision that denies, reduces, or
				changes the type or level of benefits being provided to an injured worker or
				the survivors of an injured worker.
(3) A person does not violate this rule if
				under the following circumstances, a person not certified as a claims examiner
				denies initial liability on a new claim, when the first report of injury
				clearly shows that the alleged incident has not resulted in:
(a) professional medical evaluation or
				treatment;
(b) loss of work
				exceeding the shift during which the accident occurred; or
(c) anything other than mere notice of a
				possible exposure to a potentially harmful substance or condition.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.817

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-320,
					 MCA IMP:
					 39-71-105,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.818 - NEW HIRES AND CLAIMS EXAMINER TRAINEES - DESIGNATION OF CERTIFIED CLAIMS EXAMINER TO BE ACCOUNTABLE FOR DECISIONS

Current through Register Vol. 13, July 5, 2024
(1) A new hire or claims examiner trainee
				may, for a period of not more than 180 days, perform tasks otherwise required
				to be performed by a certified claims examiner, if the employer has designated
				a certified claims examiner as being accountable for the decisions made by the
				new hire or claims examiner trainee.
(2) Record of the accountable certified
				claims examiner must be maintained, including any change of accountability. The
				records must be provided to the department and the injured worker or their
				attorney if requested in writing.
AUTH:
					 39-71-203,
					 39-71-320, MCA; IMP:
					 39-71-105,
					 39-71-107,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.821 - CERTIFICATION OF CLAIMS EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) Claims
				examiners must be certified by the department upon the following:
(a) completion of the application form
				provided by the department;
(b)
				payment of the required fees; and
(c) satisfactory completion of an
				examination.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.824 - EXAMINATION FOR CLAIMS EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1)
				Certified claims examiner applicants must take and pass the department-approved
				examination.
(2) Any person taking
				an examination may use a copy of Title 39, chapter 71, MCA, during the test
				procedure.
(3) A passing score on
				an examination is at least 80 percent.
(a) An
				applicant for claims examiner certification may take the examination up to
				three times in a 180-day period. If an applicant does not pass the examination
				within that 180-day period, the applicant must wait 60 days before taking the
				examination again.
(b) The
				examination fee must be paid for each examination taken.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.826 - REPORTING OF EMPLOYMENT STATUS OR CHANGE OF ADDRESS TO THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) A certified claims examiner must report
				to the department, within 20 days of the event:
(a) the name and address of an insurer or
				third-party administrator who has hired the person to be employed as a
				certified claims examiner, and the date of hire;
(b) the date of separation of employment from
				that employer; and
(c) a change of
				address or other contact information for the certified claims
				examiner.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.827

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-320,
					 MCA IMP:
					 39-71-105,
					 39-71-320,
					 M
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.831 - LAPSE IN CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) If a
				certification has lapsed but application for renewal is received within 24
				months from the renewal date, the claims examiner must pay the application fee
				and provide evidence of sufficient continuing education credits received during
				the lapsed period.
(2) If a
				certification has lapsed greater than 24 months from the renewal date, the
				claims examiner shall submit an initial application for certification, pay the
				required fees, and successfully pass an examination to become a certified
				claims examiner. The continuing education credit requirement for renewal starts
				over with the new certification period.
AUTH:
					 39-71-203,
					 39-71-320, MCA; IMP:
					 39-71-105,
					 39-71-107,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.834 - CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) Certification shall be renewed upon:
(a) payment of the applicable fee;
(b) completion of the renewal form provided
				by the department at any time during the certification period, but no later
				than the expiration of the certification period;
(c) verification of completion of 24 hours of
				approved continuing education courses during the current certification period,
				to include at least:
(i) four hours of
				training on workers' compensation statutes, administrative rules, and case law
				since the last certification; and
(ii) one hour of training on appropriate and
				ethical communication; and
(iii)
				other approved continuing education courses which may include but are not
				limited to mediation/negotiation; medical terminology; human anatomy;
				interpreting medical records; injured worker's rights and responsibilities;
				insurers' rights and responsibilities; prevention of injuries;
				stay-at-work/return-to-work training; and medical fee schedule reimbursements.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.837 - REVIEW AND APPROVAL OF CONTINUING EDUCATION COURSES BY DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Any sponsoring organization that requests
				continuing education credits be approved by the department for training must
				complete and submit a request on a form provided by the department.
(2) The department shall review the course
				submission and determine whether to approve the course and the number of credit
				hours to be awarded for completion of the course.
AUTH:
					 39-71-203,
					 39-71-320, MCA; IMP:
					 39-71-105,
					 39-71-107,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.841 - COURSE SUBMISSIONS

Current through Register Vol. 13, July 5, 2024
(1) The following
				standards, by which acceptability of submitted courses are evaluated, must all
				be certified by the sponsoring organization:
(a) the practical and academic experience of
				each faculty member is sufficient to teach the subject assigned;
(b) the course enhances the ability of a
				claims examiner to provide claims handling services to the public
				effectively;
(c) the subject matter
				relates to professional ethics, where practicable.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.844 - QUALIFICATIONS FOR INSTRUCTORS

Current through Register Vol. 13, July 5, 2024
(1)
				Instructors must have experience in at least one of the following for the
				department to approve the course:
(a) three or
				more years of managerial, supervisory, technical, or teaching experience as a
				subject matter expert;
(b)
				appropriate national designations; or
(c) approval on an exception basis by the
				department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.847 - FEES FOR CERTIFICATION, EXAMINATION, RENEWAL, AND COURSE APPROVAL SUBMISSION

Current through Register Vol. 13, July 5, 2024
(1) The following
				fees apply to the certified claims examiner program:
(a) initial application for certification
				$100
(b) examination 75
(c) renewal application 75
(d) renewal application for lapsed
				certification 100
(e) approval of a
				continuing education course 75
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.8 - Rules of Practice › Rule 24.29.851 - MAINTENANCE OF CERTIFICATION DOCUMENTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-320, MCA; IMP:
					 39-71-105,
					 39-71-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.901 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.902 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 50-71-114, MCA; IMP:
					 39-71-201,
					 39-71-915,
					 39-71-1011,
					 39-71-2352,
					 50-71-128,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.904 - ADMINISTRATIVE ASSESSMENT METHODOLOGY IN GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.905 - ADMINISTRATIVE ASSESSMENT METHODOLOGY IN GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.907 - BILLING AND PAYMENT OF THE ADMINISTRATION FUND ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-201,
					 39-71-408,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.908 - PENALTIES, ADMINISTRATIVE FINES, AND INTEREST

Current through Register Vol. 13, July 5, 2024
(1) Any assessment payment, surcharge
				remittance, summary report, or quarterly expenditure report received by the
				department more than five days past the due date is considered to be
				late.
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-201,
					 39-71-306,
					 39-71-915,
					 39-71-1049,
					 50-71-128,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.909 - RECALCULATION OF ADMINISTRATIVE ASSESSMENTS MADE IN FISCAL YEARS 1992 - 1995 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.912 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1992 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.913 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1993 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.914 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1994 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.915 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1995 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.916 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1996 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.917 - ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1997 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.918 - ASSESSMENT METHODOLOGY FOR FISCAL YEARS 1998 AND 1999 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.921 - RECALCULATION OF ADMINISTRATION FUND ASSESSMENTS MADE IN FISCAL YEARS 1992 - 1995 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.922 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1992 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.923 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1993 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.924 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1994 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.925 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1995 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.926 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1996 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.927 - ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1997 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.928 - ASSESSMENT METHODOLOGY FOR FISCAL YEARS 1998 AND 1999 (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.929 - ASSESSMENTS OTHER THAN THE ADMINISTRATION FUND ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 50-71-114, MCA; IMP:
					 39-71-201,
					 39-71-915,
					 39-71-1011,
					 50-71-128,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.941 - ASSESSMENTS OTHER THAN ADMINISTRATIVE ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-902 and
					 39-71-1004,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.951 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201,
					 39-71-915,
					 39-71-1004
					 and
					 39-71-2352,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.954 - CALCULATION OF AMOUNT OF ADMINISTRATION FUND ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-201,
					 39-71-203,
					 39-71-209,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.955 - BILLING FOR AND PAYMENT OF THE ADMINISTRATIVE ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-201
					 and
					 39-71-408,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.956 - COMPUTATION AND COLLECTION OF THE ADMINISTRATION FUND AND SAFETY FUND ASSESSMENT PREMIUM SURCHARGE RATE FOR PLAN NO. 2 AND NO. 3 (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 50-71-114, MCA; IMP:
					 39-71-201,
					 39-71-203,
					 39-71-2352,
					 50-71-128,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.961 - THE SUBSEQUENT INJURY FUND ASSESSMENTS FOR YEARS BEGINNING ON OR AFTER (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-915,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.962 - COMPUTATION OF THE SUBSEQUENT INJURY FUND ASSESSMENT SURCHARGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-915,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.963 - CALCULATING SIF PAID PREVIOUS YEAR THROUGH CURRENT YEAR

Current through Register Vol. 13, July 5, 2024
(1) The total amount paid by SIF from April 1
				of the previous year through March 31 of the current year includes commitments
				for payments by SIF on individual reimbursements or settlements.
AUTH:
					 39-71-203,
					 MCA IMP:
					 39-71-915,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.966

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 MCA IMP:
					 39-71-1004,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.971 - FAILURE OF INSURER TO TIMELY REPORT PAID LOSSES-DEPARTMENT ESTIMATE OF PAID LOSSES-RECALCULATION OF ASSESSMENT AND PREMIUM SURCHARGE-PENALTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-306,
					 50-71-114, MCA; IMP:
					 39-71-201,
					 39-71-306,
					 39-71-915,
					 50-71-128,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.975 - DESCRIPTION OF BENEFITS PAID FOR PURPOSES OF ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) Compensation benefits paid include
				periodic and lump-sum payments for:
(a)
				permanent total disability;
(b)
				permanent partial disability;
(c)
				temporary total disability;
(d)
				temporary partial disability;
(e)
				loss of hearing, whether under the Workers' Compensation or Occupational
				Disease Act for occupational diseases that occurred prior to July 1,
				2005;
(f) rehabilitation benefits
				(biweekly compensation paid to claimants);
(g) death benefits;
(h) disfigurement payments;
(i) SIF cases, to the extent paid by the
				insurer and not reimbursed by the SIF;
(j) settlement amounts paid pursuant to
				39-71-741, MCA, except to the
				extent any portion of the settlement is reported as being medical benefits
				paid;
(k) benefits paid pursuant to
				39-71-608, MCA; and
(l) settlement amounts paid pursuant to
				39-71-405,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.9 - Administrative Assessment › Rule 24.29.980 - ASSESSMENT OVERPAYMENTS AND UNDERPAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of this rule an employer
				is also the insurer's policyholder.
(2) Each plan No. 2 insurer and the plan No.
				3 insurer is responsible for correctly calculating the amount of the authorized
				premium surcharge for assessments that the insurer is to collect from each of
				its insured employers using the rates established by the department. Because
				the insurer, not the department, calculates the amount of premium due from the
				employer, disputes between the insurer and the insured regarding the amount of
				the premium surcharge are not disputes over which the department has
				jurisdiction.
(3) Insurers may
				address over-collections or overpayments in the following manner:
(a) Any over-collection of the premium
				surcharge(s) from a policyholder by the insurer may be refunded by the insurer
				or applied to premium or future surcharge payments due from the policyholder to
				the insurer. An accounting of the payment shall be provided by the insurer to
				the policyholder.
(b) If a
				surcharge remittance from an insurer to the department is later determined to
				include an overpayment, the insurer may deduct the amount overpaid from the
				next surcharge remittance due from the insurer to the department. The insurer
				shall maintain records documenting any surcharge amounts refunded to its
				policyholders.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.12 - Rules on Lump-Sum Conversions of Benefits › Rule 24.29.1201 - APPROVAL - WHEN REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) No
				department approval is required for a lump-sum payment of:
(a) accrued indemnity benefits;
(b) advance indemnity benefits; or
(c) an impairment award for a claim with a
				date of injury on or after July 1, 2005.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.12 - Rules on Lump-Sum Conversions of Benefits › Rule 24.29.1202 - DOCUMENTATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A petition
				to the department for lump-sum conversion of biweekly permanent total
				disability benefits for all dates of injury must include a description of the
				lump-sum proposal, including but not limited to:
(a) analysis of the worker's current
				financial conditions as described in (3);
(b) analysis of the worker's financial
				condition under the proposed lump-sum conversion, that includes a description
				of the use of the lump sum and how this use will contribute to financially
				sustaining the worker over the same period biweekly payments would have been
				paid;
(c) analysis of financial
				condition that would be reasonably expected had the worker not been injured;
				and
(d) an affidavit signed by the
				worker attesting to the validity of information provided in the written
				petition.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.12 - Rules on Lump-Sum Conversions of Benefits › Rule 24.29.1203 - METHODS THE DEPARTMENT WILL APPLY TO EVALUATE INFORMATION PROVIDED

Current through Register Vol. 13, July 5, 2024
(1) The department shall deny a petition for
				a lump-sum conversion of permanent total disability unless the worker
				demonstrates that the worker's ability to become financially self-sustaining is
				more probable with a whole or partial lump-sum payment than with biweekly
				payments and the worker's other resources.
(2) The department shall approve a petition
				for lump-sum conversion of permanent total disability benefits when:
(a) The worker demonstrates that the worker's
				financial condition under the lump-sum proposal will not be greater than could
				have reasonably been expected had the worker not been injured and the lump sum
				is limited to the unpaid biweekly benefits; and
(b) The worker demonstrates that the lump-sum
				proposal will improve the worker's financial condition over what could have
				been reasonably expected had the worker not been injured and the lump sum is
				limited to the purchase price to the insurer of an annuity that would yield an
				amount equal to the biweekly benefits payable over the estimated duration of
				the compensation period.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.12 - Rules on Lump-Sum Conversions of Benefits › Rule 24.29.1204 - FURTHER STUDIES MAY BE REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203,
					 MCA; IMP,
					 39-71-741,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE › Subchapter 24.29.14 - General Medical Rules and Facility Service Rules › Rule 24.29.1401 - INITIAL LIABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203, MCA; IMP:
					 39-71-510,
					 39-71-704,
					 39-71-743,
					 MCA