HB 334 - Workers Compensation Rates - Montana Key Vote

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Title: Workers Compensation Rates

Vote Smart's Synopsis:

Vote to pass a bill that revises workers' compensation laws.

Highlights:

Specifies that stress claims, or "mental-mental claims" and "mental-physical claims" are not eligible for compensation (Sec. 1).

Specifies that insurers are not liable for injuries that do not arise out of and in the course of employment including, but not limited to, a claimed injury which has aggravated a pre-existing condition (Sec. 7).

Specifies that an insurer is liable for a diagnosed condition that is the direct result of an eligible injury only if the condition is diagnosed within 2 years of the date of the injury (Sec. 7).

Specifies that an employer is liable for the payment of compensation if the employee is diagnosed with an eligible occupational disease (Sec. 7).

Specifies that an insurer is liable for an occupational disease if the disease arises out of or is contracted in the course and scope of employment (Sec. 7).

Specifies that the benefits provided terminate 60 months from the date of the injury or diagnosis of an occupational disease, except for a worker who is permanently disabled as a result of an eligible injury or occupational disease (Sec. 9).

Specifies that an impairment evaluation must be established by objective medical findings and may not be based exclusively on complaints of pain (Sec. 10).

Specifies that if a worker is totally disabled and unable to work in any capacity for 21 days or longer, compensation must be paid retroactively to the first day of total wage loss unless the worker waives the payment (Sec. 12).

Requires a work ability form to be provided to a health care provider providing treatment for an eligible injury or occupational disease (Sec. 19).

Specifies that a petition to reopen terminated medical benefits must be reviewed by the medical review panel, consisting of the department's medical director, and 2 additional physicians who are licensed to practice medicine in Montana and have relevant medical expertise (Sec. 20).

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