WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE

24.29.2827 DETERMINING WHETHER THERE IS A POSITIVE FUND BALANCE--UIEF (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-532, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.2829 NO BENEFITS PAID FROM THE UIEF TO CLAIMANTS (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-532, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.2831 PENALTY CALCULATIONS FROM UNINSURED EMPLOYERS The penalty is calculated using the highest tier (or pricing level) that could have been charged by the state fund during the uninsured period. Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-504, MCA …

24.29.2834 COLLECTION OF PENALTIES AND OTHER PAYMENTS FROM UNDERINSURED EMPLOYERS (IREPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-532, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.2837 CALCULATION OF PENALTY ON UNDERINSURED EMPLOYERS (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-532, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; AMD, 1995 MAR p. 1668, Eff. 9/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.2839 COMPROMISE OF PENALTIES ASSESSED (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-506, MCA History: NEW, 1995 MAR p. 1668, Eff. 9/1/95; AMD, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.2841 CLAIMS FOR BENEFITS FOR INSOLVENT PERIOD Prior to July 1, 1987, 39-71-503 , MCA required the UEF to keep "proper reserves and surpluses." During the period January 13, 1981, to June 30, 1987, the UEF was insolvent. Based on the legal principle in workers' compensation …

24.29.2843 PAYMENT OF BENEFITS The UEF pays benefits on a monthly basis. The UEF will pay compensation and medical benefits incurred prior to the time the claimant applied for benefits in a lump sum, during the month in which the UEF accepts liability for the claim. The lump sum …

24.29.2846 PRIORITY OF PAYMENT OF CURRENT BENEFITS (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-503, 39-71-504, 39-71-510, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.2849 PAYMENT OF CLAIMS WHERE LIABILITY IS DISPUTED (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-503, 39-71-504, 39-71-510, MCA History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.2851 LIMITATION ON EXPENDITURES FOR MEDICAL BENEFITS PAYABLE BY THE UEF -- APPLICABILITY (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-503, 39-71-510, 39-71-704, 39-71-727, MCA History: NEW, 2007 MAR p. 1446, Eff. 9/21/07; REP, …

24.29.2853 RIGHTS OF THIRD-PARTY PROVIDERS AFTER THE UEF REACHES $100,000 MEDICAL BENEFIT EXPENDITURE LIMITATION -- APPLICABILITY Pursuant to 39-71-508 and 39-71-743 , MCA, the injured worker is not liable to the provider of medical services for the difference between the amount …

24.29.2855 RIGHTS OF THIRD-PARTY PROVIDERS UPON THE UEF'S PROPORTIONATE REDUCTION IN BENEFIT PAYMENTS -- APPLICABILITY (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-503, 39-71-508, 39-71-510, 39-71-704, 39-71-727, 39-71-743, MCA Histo…

24.29.3101 INTRODUCTION - APPLICABILITY - VOLUNTARY PAYMENTS Subchapter 31 addresses the reopening of medical benefits terminated by statute for certain claims that occurred on or after July 1, 2011. Nothing in subchapter 31 prohibits an insurer from making voluntary payments for…

24.29.3103 DEFINITIONS As used in subchapter 31, the following definitions apply unless the context clearly indicates otherwise: "Claim records" means documents related to the medical condition and work status of the worker. The records include but are not limited to notes and re…

24.29.3105 PETITION TO REOPEN MEDICAL BENEFITS A party wishing to reopen medical benefits terminated by statute must submit a petition to reopen to the department on the form provided by the department. A claim may go through the petition process, including initial petition and b…

24.29.3107 TIMELINES AND EXPLANATION OF STATUS CLASSIFICATIONS OF A PETITION (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066,…

24.29.3111 PETITION FOR REOPENING (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 204, Eff. 2/6/16; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.3114 SUBMISSION OF MEDICAL RECORDS AND ADDITIONAL INFORMATION - EFFECT OF FAILURE TO SUBMIT MEDICAL RECORDS OR ADDITIONAL INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 204, Eff. 2/6…

24.29.3117 JOINT PETITION FOR REOPENING (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2021 MAR p. 1210, Eff. 9/25/21; REP, 2024 MAR p. 1066,…

24.29.3121 REVIEW BY MEDICAL DIRECTOR - CONSENT OF BOTH PARTIES (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 204, Eff. 2/6/16; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.3124 REVIEW BY MEDICAL REVIEW PANEL - REPORT AND RECOMMENDATIONS (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-717, MCA History: NEW, 2016 MAR p. 586, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. …

24.29.3127 PERIODIC REVIEW OF CERTAIN REOPENED MEDICAL BENEFITS The department's medical director shall biennially review claims where medical benefits have been reopened in order to determine whether the previous recommendations should be changed. The department shall request th…

24.29.3501 ELECTING COVERAGE UNDER PLAN THREE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 39-71-2303 MCA Implementing statute(s): Sec. 39-71-2303 MCA History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; REP, 1995 MAR p. 1953, Eff. 10/1/95.

24.29.3502 ELECTION OF OPTIONAL COVERAGES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 39-71-2303 MCA Implementing statute(s): Sec. 39-71-2303 MCA History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; REP, 1995 MAR p. 1953, Eff. 10/1/95.

24.29.3503 ELECTION OF CORPORATE OFFICERS NOT TO BE BOUND (IS HEREBY REPEALED) Authorizing statute(s): Sec. 39-71-2303 MCA Implementing statute(s): Sec. 39-71-2303 MCA History: NEW, 1982 MAR p. 1397; Eff. 7/16/82; AMD, 1986 MAR p. 49, Eff. 1/17/86; REP, 1995 MAR p. 1953, Eff. 10/…

24.29.3504 POLICY AND DECLARATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 39-71-2303 MCA Implementing statute(s): Sec. 39-71-2303 MCA History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; REP, 1995 MAR p. 1953, Eff. 10/1/95.

24.29.3505 TERMINATION OF COVERAGE (IS HERBY REPEALED) Authorizing statute(s): Sec. 39-71-2303 MCA Implementing statute(s): Sec. 39-71-2303 MCA History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; REP, 1995 MAR p. 1953, Eff. 10/1/95.

24.29.3701 PURPOSE (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3703 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3704 PLAN OF OPERATION (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3707 ORGANIZATIONAL STRUCTURE (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3711 CERTIFICATION OF A GROUP (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3721 ANNUAL REPORT (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3726 DECERTIFICATION OF A GROUP (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3731 INDIVIDUAL APPLICANTS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3741 DISPUTES (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-433, MCA History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.3801 ATTORNEY FEE REGULATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 39-71-203 MCA Implementing statute(s): Sec. 39-71-613 MCA History: NEW, Eff. 11/4/76; AMD, 1985 MAR p. 606, Eff. 6/1/85; AMD, 1986 MAR p. 458, Eff. 4/1/86; AMD, 1987 MAR p. 323, Eff. 4/1/87; REP,…

24.29.3802 ATTORNEY FEE REGULATION An attorney representing a claimant on a workers' compensation claim shall submit to the department within 30 days of undertaking representation of the claimant on forms supplied by the department, a contract of employment stating specifically t…

24.29.4001 SECURITY DEPOSITS FOR PLAN NUMBER TWO INSURERS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-2206, MCA History: NEW, 1987 MAR p. 1992, Eff. 10/30/87; REP, 2000 MAR p. 2701, Eff. 10/6/00.

24.29.4301 PURPOSE (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-225, MCA History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2006 MAR p. 546, Eff. 2/24/06; REP…

24.29.4303 DEFINITIONS For the purpose of this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise: "Closed" or "closed claim" means a claim on which all medical and indemnity benefits have been paid, and there is no expectation…

24.29.4307 CLAIM FILE RECORDS MAINTENANCE AND RETENTION Claim files must include, but need not be limited to, all of the following which exist in relation to the claim: the department's form first report of injury and occupational disease or department-approved equivalent; medica…

24.29.4311 FORMS USED FOR REPORTING (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-205, 39-71-208, 39-71-225, MCA History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; REP, 2024 MAR p. 1066, Eff. 5/11/24.…

24.29.4314 REPORTING Reporting parties who report electronically shall sign a written agreement with the department. The reporting parties may designate another entity, approved by the department, to serve as their reporting agent. Electronic reporting for workers' compensation c…

24.29.4315 INSURER AND EMPLOYER REPORTING REQUIREMENTS - COVERAGE AND CANCELLATION NOTIFICATION An insurer's electronic notice of insurance coverage or cancellation must contain the taxpayer identification number of the employer. An employer must provide its taxpayer identificati…