WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE

24.29.4317 REPORTS PRODUCED BY THE DEPARTMENT (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-205, 39-71-209, 39-71-224, 39-71-225, MCA History: NEW, 1994 MAR p. 2630, Eff. 10/1/94;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.…

24.29.4321 INSURER REPORTING REQUIREMENTS--INJURIES AND OCCUPATIONAL DISEASES All insurers and the UEF are required to submit a first report of injury or occupational disease to the department within 30 days of the report to the insurer of the injury or of an occupational disease…

24.29.4322 TRANSITIONAL RULE FOR INJURY AND OCCUPATIONAL DISEASE INFORMATION REPORTING REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-225, MCA History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/…

24.29.4329 VERIFICATION AND ADDITIONAL INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-203, 39-71-225, 39-71-304, MCA History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003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,…

24.29.4332 CLAIMANT LEGAL FEES AND COSTS REPORTING REQUIREMENTS All attorneys that represent claimants shall report, on a per-claim basis, the amount of legal fees and costs received for each claim where: the attorney has an approved fee agreement; and the attorney actually recei…

24.29.4335 INSURER LEGAL FEES REPORTING REQUIREMENTS All insurers shall report, on a per-claim basis, the amount of the insurer's legal fees and costs, including fees paid to expert witnesses, that have been paid to date by the insurer, associated with each indemnity claim. That …

24.29.4336 IN-HOUSE COUNSEL COST ALLOCATION Insurers that use the services of in-house counsel for assistance in handling Montana indemnity claims shall report the cost of that legal assistance. If the insurer does not separately track in-house legal costs on a per claim basis, t…

24.29.4339 VERIFICATION OF CONSULTANT AND LEGAL FEE REPORTING For the purpose of verifying the accuracy of the data reported, the department may periodically verify data reported pursuant to ARM 24.29.4332 and 24.29.4335. Documents protected by the attorney-client privilege or at…

24.29.601 DEFINITIONS For the purposes of ARM Title 24, chapter 29, subchapter 6, the following definitions apply: "Ability to pay" means sufficient financial strength and stability to: pay debts as they mature; pay benefits and all liabilities which are likely to be incurred und…

24.29.604 MONTANA SELF-INSURERS GUARANTY FUND--ACCEPTANCE REQUIRED FOR PRIVATE EMPLOYERS OR PRIVATE GROUPS The department will exchange all information with the guaranty fund pertinent to the department's review of the application. The guaranty fund shall demonstrate its concurre…

24.29.607 PUBLIC EMPLOYERS OTHER THAN STATE AGENCIES The provisions of ARM Title 24, chapter 29, subchapter 6 apply to public employers and public employer groups, other than state agencies as defined in 39-71-403, MCA, except that the guaranty fund has no involvement in departme…

24.29.608 ELECTION TO BE BOUND BY COMPENSATION PLAN NO. 1-ELIGIBILITY (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2101 through 39-71-2103, MCA History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/1…

24.29.609 ABILITY TO PAY--EVIDENCE REQUIRED Employers or employer groups electing to be self-insured shall demonstrate ability to pay benefits as required by the Workers' Compensation Act. The determination of the ability to pay is determined based on an analysis by the departmen…

24.29.610 WHEN SECURITY REQUIRED (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-403, 39-71-2106, MCA History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.611 SECURITY DEPOSIT--CRITERIA When a security deposit is required, the following criteria apply: The department shall accept a surety bond only from companies certified by the United States Department of Treasury as "Companies Holding Certificates of Authority as Acceptabl…

24.29.616 EXCESS INSURANCE--WHEN REQUIRED Specific excess insurance is required of an employer or an employer group electing coverage under plan No. 1. Aggregate excess insurance is required by the department, with the concurrence of the guaranty fund, for an employer or an emplo…

24.29.617 INITIAL ELECTION--INDIVIDUAL EMPLOYERS An employer initially electing to be bound as a self-insurer shall provide the following: a completed application on forms provided by the department; audited financial statements for the last two years, or an employer that does no…

24.29.618 INITIAL ELECTION--EMPLOYER GROUPS An employer group applicant shall provide the following: a completed application on forms provided by the department; a list of individual employers making up the employer group; a signed copy of the by-laws adopted by the employer grou…

24.29.621 NEW MEMBERS OF EMPLOYER GROUPS An employer group which has been self-insured for at least one year may add employers with the approval of the department, and the concurrence of the guaranty fund. The employer group shall provide the following information about the new e…

24.29.622 PERMISSION TO SELF-INSURE (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2101 through 39-71-2103 MCA History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.623 RENEWAL REQUIRED (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-403, 39-71-2104, MCA History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.624 REVOCATION, SUSPENSION, TERMINATION, AND WITHDRAWAL OF PERMISSION The department may revoke its order granting permission to self-insure after determining that the self-insurer no longer meets the requirements of the statutes or ARM Title 24, chapter 29, subchapter 6. T…

24.29.627 RIGHT TO REVIEW (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-403, 39-71-2101 through 39-71-2108 and 39-71-2905, MCA History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00; REP, 2024 MAR p. 1066, Ef…

24.29.628 NOTIFICATION OF CHANGES IN SELF-INSURER STATUS REQUIRED The self-insurer shall notify the department in writing: 60 days prior to implementing changes that may affect its self-insurance status including but not limited to: name, controlling ownership, legal status, chan…

24.29.631 SELF-INSURED EMPLOYERS AND GROUPS -- TRANSFER OF CLAIM LIABILITIES Any current or former self-insurer or group may transfer existing workers' compensation liabilities to another entity upon authorization from the department and concurrence of the guaranty fund. The self…

24.29.635 RENEWAL A self-insured employer or employer group must renew each year. The renewal application must be submitted to the department 60 days before the renewal date. A renewal applicant must: submit all required documents; and be in compliance with laws governing plan No…

24.29.701 Introduction (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-203 MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84/; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.702 ELECTION TO BE BOUND BY COMPENSATION PLAN NO. 1 --ELIGIBILITY (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86;…

24.29.702A SOLVENCY AND ABILITY TO PAY (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/…

24.29.702B WHEN SECURITY REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP…

24.29.702C SURETY BOND SECURITY DEPOSIT--AMOUNTS REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR …

24.29.702D SURETY BONDS--CRITERIA (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.…

24.29.702E EXCESS INSURANCE (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102 and 39-71-2103 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/…

24.29.702F INITIAL ELECTION--INDIVIDUAL EMPLOYERS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, and 39-71-2103 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 19…

24.29.702G INITIAL ELECTION--GROUPS OF EMPLOYERS AND NEW MEMBERS OF EXISTING GROUPS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103 and 39-71-2106 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; …

24.29.702H PERMISSION (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, and 39-71-2103 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.…

24.29.702I RENEWAL REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2104 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.702J RENEWAL--INDIVIDUAL EMPLOYERS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2104 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.702K RENEWAL--GROUP OF EMPLOYERS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2104 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1993 MAR p. 2240, Eff. 10/1/93; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.702L SUSPENSION AND REVOCATION OF PERMISSION (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2104 MCA History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/9…

24.29.702M TERMINATION BY SELF-INSURER (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/…

24.29.702N REVIEW PROCESS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 MCA Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.702O NOTIFICATION OF CHANGES (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109, MCA History: NEW, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

24.29.703 EVIDENCE OF COVERAGE Insurance policies under plan No. 2 or 3 must include: Montana in section 3A of the coverage declarations page; or Montana in section 3C of the other or all-states coverage declarations page, expressly as a state to which the policy extends coverage…

24.29.704 WHO MUST BE BOUND (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-401, MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1995 MAR p. 1953, Eff. 10/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.705 CORPORATE OFFICER EXEMPTION (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-401, MCA History: AMD, 1984 MAR p. 983, Eff. 7/2/84; TRANS, from ARM 24.29.3201, Eff. 7/2/84; AMD, 1986 MAR p. 49, Eff. 1/17/86; AMD, 1995 MAR p. 1953,…

24.29.706 ELECTION NOT TO BE BOUND--INDEPENDENT CONTRACTOR (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-71-401 MCA History: NEW, 1984 MAR p. 983, Eff. 7/24/84; AMD, 1992 MAR p. 2759, Eff. 12/25/92; REP, 1996 MAR p. 1303, Eff…

24.29.706A APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION (IS HEREBY TRANSFERRED TO ARM 24.35.111) Authorizing statute(s): 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-71-120, 39-71-401 and 39-71-409 MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p…

24.29.706B RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION (IS HEREBY TRANSFERRED TO ARM 24.35.116) Authorizing statute(s): 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-71-120 and 39-71-401 MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1…

24.29.706C APPLICATION FEE FOR INDEPENDENT CONTRACTOR EXEMPTTON (IS HEREBY TRANSFERRED TO ARM 24.35.121) Authorizing statute(s): 39-9-103, 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-9-206, 39-71-120 and 39-71-401 MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRAN…