The proposed bill seeks to revise Montana's workers' compensation laws by enhancing the claims process and establishing clearer evidentiary standards. A significant change is the introduction of a new evidentiary standard requiring claimants to prove their case on a "more probable than not" basis, while the opinions of treating physicians will no longer receive deference. The bill also limits discovery related to independent medical examiners, prohibiting requests for personal financial information and focusing inquiries on the examiner's qualifications and experience. Additionally, it empowers claims examiners to authorize and pay all claims-related vendor charges, mandates that insurers maintain claim documents in Montana, and sets specific timelines for claims processing and communication with claimants.
Moreover, the bill amends various sections of the Montana Code Annotated to clarify definitions and processes related to workers' compensation, including the definitions of "temporary worker" and "treating physician," and expands the categories of licensed professionals eligible to serve as treating physicians. It outlines the criteria for awarding permanent partial disability benefits, stipulating that a worker must have an actual wage loss and a permanent impairment rating to qualify. The bill also introduces new provisions for medical treatment and reimbursement, requiring insurers to provide reasonable medical services and outlining the reimbursement process for travel expenses. Compliance requirements for workers regarding medical treatment are established, and the bill allows insurers to terminate benefits for non-cooperation. Several sections related to attorney fees and costs have been repealed to streamline the legal framework surrounding workers' compensation.
Statutes affected: Introduced: 39-71-107, 39-71-116, 39-71-604, 39-71-605, 39-71-606, 39-71-608, 39-71-609, 39-71-610, 39-71-613, 39-71-615, 39-71-703, 39-71-704, 39-71-1106