- 2025
69th Legislature 2025 HB0197
- 1 - Authorized Print Version – HB 197
ENROLLED BILL
AN ACT REVISING WORKERS' COMPENSATION LAWS RELATING TO TOTAL DISABILITY BENEFITS;
PROVIDING GUIDELINES IN WHICH TEMPORARY TOTAL DISABILITY BENEFITS ARE TERMINATED
WHEN A CLAIMANT IS RELEASED TO FULL DUTY PRIOR TO OR ON REACHING MAXIMUM MEDICAL
IMPROVEMENT; PROVIDING THAT THE BENEFITS ARE MAY BE TERMINATED ON AS OF THE DATE
THAT A WORKER HAS BEEN RELEASED RETURNED TO FULL DUTY; AMENDING SECTION 39-71-609,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 39-71-609, MCA, is amended to read:
"39-71-609.
partial benefits by insurer -- 14-day notice required -- criteria for conversion of benefits -- claimant
released to full duty. (1) Except as provided in subsection subsections (2) and (3), if an insurer determines to
deny a claim on which payments have been made under 39-71-608 during a time of further investigation or,
after a claim has been accepted, terminates all biweekly compensation benefits, it may do so only after 14 days'
written notice to the claimant, the claimant's authorized representative, if any, and the department. For injuries
occurring prior to July 1, 1987, an insurer shall give 14 days' written notice to the claimant before reducing
benefits from total to partial. However, if an insurer has knowledge that a claimant has returned to work,
compensation benefits may be terminated as of the time the claimant returned to work.
(2) Temporary total disability benefits may be terminated on the date that the worker has been
released to return to work in some capacity. Unless the claimant is found, at maximum healing, to be without a
permanent physical impairment from the injury, the insurer, prior to converting temporary total disability benefits
or temporary partial disability benefits to permanent partial disability benefits:
(a) must have a physician's determination that the claimant has reached medical stability; - 2025
69th Legislature 2025 HB0197
- 2 - Authorized Print Version – HB 197
ENROLLED BILL
(b) must have a physician's determination of the claimant's physical restrictions resulting from the
industrial injury;
(c) must have a physician's determination, based on the physician's knowledge of the claimant's
job analysis prepared by a rehabilitation provider, that the claimant can return to work, with or without
restrictions, on the job on which the claimant was injured or on another job for which the claimant is suited by
age, education, work experience, and physical condition;
(d) shall give notice to the claimant of the insurer's receipt of the report of the physician's
determinations required pursuant to subsections (2)(a) through (2)(c). The notice must be attached to a copy of
the report.
(3) Notwithstanding subsections (1) and (2), when a claimant is released to full duty prior to or on
reaching maximum medical improvement, temporary total disability benefits may be terminated
the claimant returned to work or after 14 days' written notice, whichever is earlier."
Section 2. [This act] is effective July 1, 2025.
- END - I hereby certify that the within bill,
HB 197, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 197
INTRODUCED BY A. NICASTRO
AN ACT REVISING WORKERS' COMPENSATION LAWS RELATING TO TOTAL DISABILITY BENEFITS;
PROVIDING GUIDELINES IN WHICH TEMPORARY TOTAL DISABILITY BENEFITS ARE TERMINATED
WHEN A CLAIMANT IS RELEASED TO FULL DUTY PRIOR TO OR ON REACHING MAXIMUM MEDICAL
IMPROVEMENT; PROVIDING THAT THE BENEFITS ARE MAY BE TERMINATED ON AS OF THE DATE THAT
A WORKER HAS BEEN RELEASED RETURNED TO FULL DUTY; AMENDING SECTION 39-71-609, MCA;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”