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69th Legislature 2025 SB 338
- 1 - Authorized Print Version – SB 338
ENROLLED BILL
AN ACT AUTHORIZING A BENEFITS ADMINISTRATOR TO RECEIVE PAYMENTS ON BEHALF OF A
MINOR CHILD OR AN INCOMPETENT PERSON; AUTHORIZING THE WORKERS' COMPENSATION
JUDGE TO APPOINT A BENEFITS ADMINISTRATOR; AMENDING SECTIONS 39-71-742 AND 39-71-2905,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 39-71-742, MCA, is amended to read:
"39-71-742. Who may receive payment. (1) A payment due to a child under 18 years of age or to a
person adjudged incompetent must be made to the parent, or the appointed guardian, the appointed
conservator, or the appointed benefits administrator, and the written receipt for the payment must acquit the
employer, the insurer, or the department of further liability.
(2) A payment due to a member of the highway patrol receiving the salary benefit provided in 44-1-
511 must be made to the department of justice to offset the salary benefit until the member is no longer eligible
to receive the salary benefit.
(3) In other cases, payment must be made to the person entitled to the payment or to the person's
authorized representative.
(4) For the purposes of subsection (1), the term "benefits administrator" means a person appointed
by the workers' compensation judge as provided in 39-71-2905 to pursue benefits or receive payments on
behalf of a child under 18 years of age or to a person adjudged incompetent."
Section 2. Section 39-71-2905, MCA, is amended to read:
"39-71-2905. Petition to workers' compensation judge -- time limit on filing. (1) If a claimant, an
insurer, an employer alleged to be an uninsured employer, or the uninsured employers' fund has a dispute
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69th Legislature 2025 SB 338
- 2 - Authorized Print Version – SB 338
ENROLLED BILL
concerning any benefits under this chapter, it may petition the workers' compensation judge for a determination
of the dispute after satisfying dispute resolution requirements otherwise provided in this chapter. In addition, the
district court that has jurisdiction over a pending action under 39-71-515 may request the workers'
compensation judge to determine the amount of recoverable damages due to the employee. The judge, after a
hearing, shall make a determination of the dispute in accordance with the law as set forth in this chapter. If the
dispute relates to benefits due to a claimant under this chapter, the judge shall fix and determine any benefits to
be paid and specify the manner of payment. After parties have satisfied dispute resolution requirements
provided elsewhere in this chapter, the workers' compensation judge has exclusive jurisdiction to make
determinations concerning disputes under this chapter, except as provided in 39-71-317 and 39-71-516. The
penalties and assessments allowed against an insurer under this chapter are the exclusive penalties and
assessments that can be assessed by the workers' compensation judge against an insurer for disputes arising
under this chapter.
(2) A petition for a hearing before the workers' compensation judge must be filed within 2 years
after benefits are denied.
(3) A claimant, an insurer, or the uninsured employers' fund may petition the workers'
compensation judge for the appointment of a benefits administrator. A party is not required to satisfy the dispute
resolution requirements provided in this chapter prior to petitioning for a benefits administrator. The workers'
compensation judge has jurisdiction to appoint and terminate appointment of a benefits administrator."
Section 3. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
SB 338, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 338
INTRODUCED BY G. HERTZ
AN ACT AUTHORIZING A BENEFITS ADMINISTRATOR TO RECEIVE PAYMENTS ON BEHALF OF A MINOR
CHILD OR AN INCOMPETENT PERSON; AUTHORIZING THE WORKERS' COMPENSATION JUDGE TO
APPOINT A BENEFITS ADMINISTRATOR; AMENDING SECTIONS 39-71-742 AND 39-71-2905, MCA; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.