Labor & Employment

HB 367 revises Montana's workers' compensation laws, specifically clarifying coverage for employees injured while traveling for work. The bill states that an employer furnishing transportation or reimbursing travel expenses is not the sole factor in determining workers' compensation coverage during travel. Instead, an employee is covered if the travel is necessitated by and on behalf of the employer as an integral part of employment, or if the travel is required by the employer as part of job duties. It also clarifies that certain incentive payments are not considered travel reimbursements for coverage purposes.

SB 208 revises the definition of "dependent child" within the retirement systems for highway patrol officers, police officers, and firefighters. For the Highway Patrol Officers' retirement system, the bill removes the requirement that a deceased member must have been "retired" for their child to be considered a dependent. This means an unmarried child under 18, or under 24 if a full-time student, of any deceased member may now qualify for benefits. The bill also updates the specific age and student status criteria for dependent children in the Police Officers' retirement system, and aims to make similar revisions for firefighters.

HB 143 revises the definition of "treating physician" within the state's Workers' Compensation Act. This bill expands the definition to explicitly include physician assistants (PAs). A key provision is the removal of any requirement for PAs to be in proximity to other medical providers to qualify as a treating physician for these purposes. This change affects how workers' compensation claims are managed and potentially broadens the types of healthcare providers recognized for injured workers.

HB 128 protects volunteer emergency service providers, such as firefighters and EMTs, from being terminated by their public or private employers. It prohibits employers from firing an employee solely for serving as a volunteer emergency provider, provided the employee notifies their employer of their volunteer status. If an employee is absent or late to work due to volunteer emergency service, they must notify their employer as soon as possible, and employers may request documentation of the emergency response. The bill clarifies that employees cannot claim regular pay for time spent on volunteer duties, and employers retain the right to determine if an employee can leave work to respond to an emergency. Employees whose employment is terminated in violation of these provisions may bring a civil action for remedies like reinstatement and back wages.

SB 338 authorizes a "benefits administrator" to receive workers' compensation payments on behalf of minor children or individuals deemed incompetent. This expands the list of parties who can receive such payments, which previously included parents, guardians, or conservators. The bill grants the workers' compensation judge the authority to appoint and terminate these benefits administrators. Parties can petition the judge for this appointment without needing to satisfy other dispute resolution requirements first.