Title 39, Title 39

(1) A payment due to a child under 18 years of age or to a person adjudged incompetent must be made to the parent, the appointed guardian, the appointed conservator, or the appointed benefits administrator, and the written receipt for the payment must acquit the employer, the ins…

(1) Payments under this chapter are not assignable, subject to attachment or garnishment, or held liable in any way for debts, except: (a) as provided in 71-3-1118; (b) a portion of any lump-sum award or periodic payment to pay a monetary obligation for current or past-due child …

(1) Except as provided in subsection (2), a claimant is not eligible for disability or rehabilitation compensation benefits while the claimant is incarcerated for a period exceeding 30 days in a correctional institution or jail as the result of conviction of a felony or a misdeme…

(1) (a) A plan No. 1 or plan No. 2 insurer shall designate whether an employer, as defined in 7-33-4510, is to use actual volunteer hours or a flat assumed payroll amount for each volunteer firefighter for calculating premiums. The coverage option must be the same for all fire ag…

As used in this part, the following definitions apply: (1) "Certificate" means documentation issued by the department to an individual who is a person with a disability. (2) "Fund" means the subsequent injury fund in the proprietary fund category. (3) "Person with a disability" m…

When a person with a disability receives an injury, as defined in 39-71-119, the procedure provided in this chapter applies to all proceedings under this part, except when specifically otherwise provided.

The department shall promulgate rules for certification of persons with disabilities.

(1) A person who wishes to be certified as a person with a disability for purposes of this part shall apply to the department on forms furnished by the department. The department shall conduct an investigation and shall issue a certificate to a person who, in the department's dis…

(1) A person certified as having a physical or mental disability that constitutes or results in a substantial impediment to employment who receives an injury, as defined in 39-71-119, that results in death or disability must be paid compensation in the manner and to the extent pr…

Not less than 90 or more than 150 days before the expiration of 104 weeks after the date of injury, the insurer shall notify the fund whether it is likely that compensation may be payable beyond a period of 104 weeks after the date of the injury. The fund thereafter may review, a…

If the fund does not notify the insurer of its intent to dispute the payment of compensation, medical, and burial benefits, the insurer shall continue to make payments on behalf of the fund and shall be reimbursed by the fund for all benefits paid in excess of the insurer's liabi…

Except as provided in 39-71-909 and 39-71-920, the obligation imposed by this part on the insurer to make payments on behalf of the fund does not impose an independent liability on the insurer.

After the right to reimbursement has been established, reimbursement payment shall be made promptly on a proper showing every 6 months.

(1) As used in this section, "paid losses" means the following benefits paid during the preceding calendar year for injuries covered by the Workers' Compensation Act without regard to the application of any deductible, regardless of whether the employer or the insurer pays the lo…

An insurer that uses an employer's claims costs experience as a factor that influences the amount of premium charged to that particular employer by using an experience modification factor or similar rating technique may not base that factor on those claims costs that are reimburs…

(1) Petitions for compromise settlements that potentially involve payments from the fund must have written concurrence by an authorized representative of the fund prior to submission for department approval. (2) The failure to receive written concurrence from the fund's represent…

(1) "Examining board" means a well-qualified physician or physicians, as designated by the department of labor and industry. (2) The term "gainful occupation" may not be construed to mean occasional or intermittent light employment where the ability to do manual labor is not esse…

The department of labor and industry shall administer this chapter. The department shall: (1) formulate a plan and adopt rules for the operation of this chapter; (2) cooperate with the federal government in all matters of immediate concern pertaining to silicosis; (3) designate t…

If the government of the United States makes grants to states in aid of and allowing payments to persons having silicosis, the department of labor and industry is authorized to administer the grants-in-aid and payments in addition to grants made by this chapter. The total payment…

Payment must be made under this chapter to any person who: (1) has silicosis, as defined in 39-73-101, that results in the person's total disability so as to render it impossible for the person to follow continuously any substantially gainful occupation; (2) has resided in and be…

Application for payment under this chapter must be made by the person seeking the payment to the department of labor and industry. The application must be in writing or reduced to writing in the manner and upon the form prescribed by the department. The application form may be fi…

(1) Whenever the department of labor and industry under this chapter receives an application for a payment, an investigation and record shall be promptly made of the validity of the claim. The object of such investigation shall be to ascertain whether or not the applicant is enti…

Subject to the provisions of this chapter and the deductions provided in this chapter, any person who has silicosis and who has, subject to the regulations and standards of the department of labor and industry, been determined by the department to be entitled to payment under thi…

If a person who is entitled to benefits under this chapter is an inmate in any Montana state institution, benefits may not be paid to the person but must be paid to the person's beneficiary, if any, as defined in 39-71-116.

(1) Upon the death of a person receiving payments for silicosis under 39-73-104 or 39-73-108, the surviving spouse, as long as the spouse remains unmarried, is entitled to receive the payments granted to the deceased spouse. (2) A person who otherwise is qualified to receive paym…

Except as otherwise provided in this chapter, assistance granted under this chapter is not transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, or …

(1) The department of labor and industry may appoint a representative payee to apply for and receive payment of silicosis benefits on behalf of a person eligible for the payments or the person's beneficiary if the department determines that the appointment is in the best interest…

This chapter may be cited as the "Critical Incident Stress Management Act".

In order to promote the resiliency and well-being of Montana emergency service providers, it is the policy of the state of Montana to encourage the practice of critical incident stress management.

(1) It is the purpose of this chapter to recognize the importance of critical incident stress management and to protect the integrity of the critical incident stress management process. (2) The legislature finds that, in some cases of dealing with extreme psychological stress or …

As used in this chapter, the following definitions apply: (1) "Critical incident" means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident. (2) "Critical incident stress" means an un…

(1) To protect the privacy rights of an emergency service provider in receiving critical incident stress management and response services, critical incident stress management debriefing meetings and other critical incident stress management and response services meetings are clos…