MontanaHB 36769th Legislature, Regular Session (2025)HouseWALLET

Revise workers' compensation laws relating to travel and reimbursement

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 3 costs, 3 mixed.

Stricter medical proof for work injuries

Beginning October 1, 2025, the law requires objective medical findings that link your condition to a work event or injury. You must prove it is more likely than not work‑related. A mere medical possibility is not enough. Major contributing cause means the leading cause compared to all other causes.

Tighter coverage for travel and breaks

Beginning October 1, 2025, travel injuries are covered only if your employer provided transport or reimbursed travel costs as part of your benefits and the trip was required for work, or the travel was required as part of your job. Payments that only encourage work at a site do not count as travel reimbursements. If you are hurt on a break off‑site and not doing employer tasks, you are not covered. Injuries during unpaid social or recreational activities are not covered unless you are on paid time and your employer required or requested you be there.

Drug and marijuana limits for workers' comp

Beginning October 1, 2025, you are disqualified if alcohol or non‑prescribed drugs are the major cause of the accident. If you refuse or fail a drug test that follows federal rules, it is presumed drugs were the major cause. You are not disqualified if your employer knew about alcohol or non‑prescribed drug use and did not try to stop it. This exception does not apply to marijuana. Insurers do not reimburse medical marijuana costs, and benefits do not increase because of marijuana. If marijuana use is the major cause, you are denied benefits. Insurers still owe the benefits you would get without marijuana use.

Occupational disease: proof and who pays

Beginning October 1, 2025, an occupational disease is covered only if objective medical findings show it arose from your job. For exposures over more than one day or shift, the work exposure must be the major contributing cause. The only liable employer is where you were last injuriously exposed. If one employer had multiple insurers, the liable insurer is the one on the earlier of first diagnosis or when you knew the disease was work‑related. If a coal mine is sold, the new operator is also liable for pneumoconiosis benefits, and the prior operator keeps liability.

Benefits keep flowing during insurer disputes

Beginning October 1, 2025, if insurers dispute who must pay, the insurer with the most recent claim pays right away. Benefits keep going until another insurer agrees to pay or is proven liable. If the first insurer is not liable, the responsible insurer must reimburse it.

No coverage for later nonwork injuries

Beginning October 1, 2025, after you reach maximum healing from a work injury, a later nonwork injury to the same body part is not covered. The workers’ compensation insurer does not pay medical or wage benefits for that new injury.

New rules apply starting Oct. 1, 2025

The new workers’ compensation rules apply to injuries or deaths on or after October 1, 2025. Earlier injuries use the prior law.

Sponsors & Cosponsors

Sponsor

Ed Buttrey
Republican • House

Cosponsors

Denley Loge
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 292 • No: 1

House vote • 4/11/2025

Do Concur

Yes: 47 • No: 1

House vote • 4/10/2025

Do Concur

Yes: 48 • No: 0

House vote • 2/21/2025

Do Pass

Yes: 98 • No: 0

House vote • 2/20/2025