Department of Labor and Industry

Fee Schedule Conversion Factors

Workers Comp Regulations

Workers' Comp Regulations Category

Subsequent Injury Fund Overview

 

The Legislature established the Subsequent Injury Fund in 1973 to assist persons with disabilities become employed by offering a financial incentive to employers who hire certified workers. The Fund is generated through an annual assessment of all Montana insurers (Plans 1, 2 and 3). The assessment is allocated among insurers based on their compensation and medical payments for the previous calendar year.

What is the definition of a person with a disability?

The law defines a person with a disability as a person who has a medically certifiable permanent impairment which is a substantial obstacle to obtaining employment or ... reemployment ... considering the person's age, education, training, experience and employment rejection.

As a worker, how will I benefit from being certified?

Being certified means you are more likely to be hired because there is a limit on the employer's workers' compensation liability if you become injured or reinjured on the job. When the limit is reached, the Subsequent Injury Fund assumes liability. If you are injured on the job, you are entitled to all benefits due under the Workers' Compensation Act. Certification is not body part specific. The certification applies to any new injury.

How do I become certified?

If you think you have a medically certifiable permanent impairment (as defined by the American Medical Association's Guide to the Evaluation of Permanent Impairment), and a physician has given you permanent restrictions because of a permanent impairment, you may apply to the department for certification under the Subsequent Injury Fund. Contact Jennifer Hirth at jhirth@mt.gov and ask for a Subsequent Injury Fund application form for certification.

Complete the form in its entirety and have your physician complete the Medical Evidence of Impairment portion. You may substitute other medical information if it contains equivalent information to that requested on the form. You may write the explanation yourself or ask your rehabilitation counselor or another party familiar with your situation and qualifications to write the explanation for you. Send the completed form to Shanna Swigert at the address listed at the top of this page.

Department personnel will review the information and determine whether you meet the requirements for certification set forth in the law. Department staff will notify you of their decision when they complete the review. If approved, you will receive a card identifying you as certified by the Subsequent Injury fund. Present this card to prospective employers as proof of your eligibility for Subsequent Injury Fund benefits. Once certified, you are certified for life.

How do I file a claim with the Subsequent Injury Fund?

You must follow the standard procedure for filing a Workers' Compensation claim to be eligible for benefits under the provisions of the Workers' Compensation Act in force on the date of injury.

As an employer, how will I benefit from hiring a certified worker?

By hiring a person who has been certified by the department, you are hiring an experienced, skilled worker while limiting your workers' compensation liability. If the certified worker is injured or reinjured while in your employ, you will (through your insurer) be liable for the first 104 weeks of benefits. After 104 weeks of benefits have been paid, the Fund assumes all remaining liability on the claim.

What do I do if a certified worker is injured on the job?

Notify your insurer that the injured worker is certified by the Subsequent Injury Fund.

As an insurer what do I do when notified of an injury to a certified worker?

When a certified worker is injured while in the employ of one of your insureds, you must notify the Fund of its potential liability not less than 90 days or more than 150 days before the expiration of 104 weeks after the date of injury. If you do not meet this deadline, the Fund will accept liability 90 days after notification. The Fund will not accept retroactive liability in these cases.

If the Fund does not notify the insurer of its intent to dispute payment of benefits beyond 104 weeks, the insurer will continue to make payments as required under the Workers' Compensation Act, which will be reimbursed by the fund every six (6) months.

Contact Information

Subsequent Injury Fund
Workers' Compensation Regulation Bureau

Employment Relations Division
PO Box 8011
Helena, MT 59604-8011
(406) 444-0564

State of Montana Lodging Rates

Lodging Rate Increases for High Cost Areas
Effective October 1, 2010 through September 30, 2011

In-State Lodging:
Effective October 1, 2010, the standard federal lodging rate for federal fiscal year 2011 (October 1, 2010 through September 30, 2011) continues to be $77 per night.

The table below shows the rates for the State of Montana high cost areas listed on the federal GSA website. The lodging rate listed in the table applies to the entire county even if a particular city in that county is not listed. If a county is not listed, the federal standard rate of $77 should be used for that entire county.

Montana High Cost Areas by Counties

Maximum Lodging

Cities within listed counties include, but are not limited to:

Gallatin

(Oct 1 – May 31)
(June 1 – Aug 31)
(Sept 1 - Sept 30

$ 80
$105
$80

Bozeman
Belgrade
Big Sky
West Yellowstone

Silver Bow

$86

Butte

Lewis and Clark

$81

Helena

Missoula / Lake / Flathead

(Oct 1 – June 30)
(July 1 – Aug 30)
(Sept 1 - Sept 30)

$ 87
$104
$ 87

These rates have been reduced from those allowed in the 2009/2010 fiscal year.

Missoula
Seeley Lake
Polson
Kalispell
Whitefish

To find the county for a particular Montana city, visit the National Association of Counties’ website at:

NACO (National Association of Counties)

To find the GSA per diem rates overview for Montana, or any other state, please click on the following link:

Perdiem Rates Overview

Out-of-State Lodging:

The $77 per night rate also applies to out-of-state lodging unless the city is in a high cost area. The out-of-state high cost areas are available on the federal GSA website. If the city is not listed on this table but the county is, the lodging rate listed applies to the entire county. If neither the city nor the county in which the city is located are listed, then the federal standard rate of $77 should be used for that area.

Book Entry

General Information - Book Entry Deposits

Attached are the documents required to place a book-entry deposit with the Montana Department of Labor & Industry. These documents consist of:

Corporate Resolution
Trust Agreement
Irrevocable Assignment and Special Power of Attorney

The Corporate Resolution gives authority to certain officers in your company to sign the other documents. You may substitute your own corporate resolution for ours if you so desire. The date of the resolution must precede the signature date on the other documents. The signatures on the Trust Agreement and the Irrevocable Assignment must be exactly as described in your resolution.

The Trust Agreement establishes a trust account with the company of your choice. This Agreement must be completed in triplicate; the Department, the Trust Company, and you, the depositor, must each have an original. Execute (3) originals of the Trust Agreement, submit them to the Department. One completely executed Agreement will be returned to you, one will be retained by the Department, and one by the Trust Company.

The Irrevocable Assignment of Securities provides a detailed description of the security, including the CUSIP number. Once your trust account is established, this is the only document you must submit when replacing a maturing security.

The trust companies listed below are authorized by the Montana Department of Labor & Industry, Employment Relations Division to accept book-entry securities:

U S Bank Trust
Attention: Rebekah Fink
P.O. Box 1678 P.O. Box 597
Last Chance Gulch & 6th Ave.
Helena, MT 59624
(406) 447-5245

Wells Fargo PCS
Attention: Marie T. Mullarkey
350 North Last Chance Gulch
Helena, MT 59624
(406) 447-2040

Montana Historic WC Medical Reimbursement Conversion Factors

(As of Jan 1, 2004)

Provider Type 1995 1996 1997 1998 1999 2000 2001 2002
2003
2004
Acupuncture 4.03 4.11 4.15 4.27 4.43 4.58 4.73 4.89
5.09
5.24
Anesthesia 30.96 31.54 31.87 32.86 34.10 35.26 36.42 37.66
39.23
40.43
Chiropractic 4.03 4.11 4.15 4.27 4.43 4.58 4.73 4.25
4.85
4.93
Dental 7.77 7.92 8.00 8.25 8.56 8.85 9.14 9.45
9.85
10.15
Medical Doctors 4.03 4.11 4.15 4.27 4.43 4.58 4.73 4.89
5.09
5.24
Occupational Therapy 6.28 6.40 6.46 6.66 6.91 7.14 7.37 4.25
4.85
4.93
Pathology 14.43 14.70 14.85 15.31 15.89 16.43 16.97 17.55
18.28
18.84
Physical Therapy 6.28 6.40 6.46 6.66 6.91 7.14 7.37 4.25
4.85
4.93
Radiology 16.65 16.97 17.14 17.67 18.33 18.95 19.57 20.23
21.07
21.71
Surgery 86.09 87.71 88.63 91.39 94.85 98.08 101.31 104.77
109.15
112.49
CPT Code 97750
NA
NA
NA
NA
NA
NA
NA
26.50
27.60
28.44

For further information, please email or phone us (406)444-7732.

List of Self-Insureds

 

As of December 1, 2013 there were 25 individual self-insured employers, three private groups with 113 member employers and five public groups with 413 member employers. The listing below represents a complete listing of the currently authorized self-insureds in Montana as of December 1, 2013. Please note that § 2-6-109, MCA (Montana Code Annotated) prohibits the use of this information for a mailing list without our agency first securing permission of those entities on the list.

Individual Self-Insureds

Ash Grove Cement Company

Benefis Health System Inc.

CHS, Inc.

Costco Wholesale Corporation

F.H. Stoltze Land & Lumber Company

Federal Express Corporation

FedEx Ground Package System Inc.

Harnish Group, Inc.

Holcim (US) Inc.

International Paper Company

J H Kelly LLC

Kroger

Les Schwab Tire Centers of Montana Inc.

Northwest Healthcare Corporation

NorthWestern Corporation

Old Dominion Freight Line Inc.

Plum Creek Timber Company Inc.

Providence Health & Services

Rosauers Supermarkets Inc.

Roseburg Forest Products Company

Ryder Systems Inc.

Safeway Inc.

Sisters of Charity of Leavenworth Health System

Stillwater Mining Company

Target Corporation

 

Private Self-Insured Groups

Montana Contractor Compensation Fund

Montana Electric & Telephone Pool

Montana Health Network Workers' Compensation Insurance Trust

Public Self-Insured Groups

Missoula County Workers' Compensation Group Insurance Authority

Montana Association of Counties Workers' Compensation Trust

Montana Municipal Interlocal Authority

Montana Schools Group Insurance Authority

MUS Self-Funded Workers' Compensation Program

Contact Information

For Self-Insurance questions please contact:

Workers' Compensation Regulations Bureau
Self-Insurance Program Manager
Erin Weisgerber
(406) 444-1555
EWeisgerber@mt.gov