MontanaFailed proposal would set proof rules and limit examiner discovery
The proposal, which died before passage, would set proof and medical-testimony rules for claim disputes and limit information people could seek about insurers’ examiners.
What it does
Claimants would have to show that each disputed issue is more likely true than not. Decision makers would weigh medical testimony by the provider’s training, experience, expertise, and credibility, without giving treating doctors’ opinions special weight.
The proposed text would bar a type of deposition and limit what people could learn about an insurer’s medical examiner. It would prohibit requests about the examiner’s personal finances.
An insurer would be entitled to an independent medical exam when the worker’s condition changes, 90 days pass, or a new issue about what caused the injury arises.
Argument forInsurers and claimants may get clearer ways to weigh medical testimony and request exams when a worker’s condition changes or a new cause issue arises.
Argument againstClaimants could have a harder time proving disputed issues if they carry the proof burden and cannot seek broader information about an insurer’s medical examiner.
More detail
Claimants would have to show that each disputed issue is more likely true than not, and decision makers would weigh health professionals’ testimony by their qualifications and credibility. These rules would apply to matters under Montana workers’ compensation law.
The proposed text would bar a type of deposition and limit discovery about an independent medical examiner. These limits concern discovery about an insurer’s independent medical examiner in a workers’ compensation matter. Discovery could cover the examiner’s training and education, yearly exam totals, exams for the insurer involved, and payments from that insurer. Requests about the examiner’s personal finances would be prohibited.
An insurer would be entitled to an independent medical exam at certain points. The provision concerns an injured worker who would have a right to workers’ compensation. The stated exam triggers are a change in condition, the expiration of 90 days, or a new medical-cause issue.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(S) Died in ProcessDied
- Apr 23(H) 2nd ReadingMinor
- Vote recorded Do Concur. Result: fail.Lower
- Apr 23(H) Scheduled for 2nd ReadingMinor
- Apr 18(H) Committee Report - (H) Business and Labor
- Vote recorded be_concurred_in. Result: pass.Lower
- Apr 18(H) Committee Executive Action - (H) Business and Labor
- Mar 24(H) Hearing - (H) Business and Labor
- Mar 24(H) 1st Reading
- Mar 24(H) Referred to Committee - (H) Business and LaborMinor
- Mar 21(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Mar 21(S) 3rd Reading
- Mar 21(S) Scheduled for 3rd ReadingMinor
- Mar 20(S) Committee Report - (S) Finance and Claims
- Vote recorded do_pass. Result: pass.Upper
- Mar 20(S) Committee Executive Action - (S) Finance and Claims
- Mar 12(S) Hearing - (S) Finance and Claims
- Mar 4(S) Rereferred to Committee - (S) Finance and ClaimsMinor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 4(S) 2nd ReadingMinor
- Mar 4(S) Scheduled for 2nd ReadingMinor
- Mar 1(S) Committee Report - (S) Business, Labor and Economic Affairs
- Vote recorded do_pass_as_amended. Result: pass.Upper
- Mar 1(S) Committee Executive Action - (S) Business, Labor and Economic Affairs
- Feb 27(S) Hearing - (S) Business, Labor and Economic Affairs
- Feb 27(S) Fiscal Note Printed
- Feb 26(S) Fiscal Note Unsigned
- Feb 26(S) Fiscal Note ReceivedMinor
- Feb 19(S) Referred to Committee - (S) Business, Labor and Economic AffairsMinor
- Feb 19(S) Fiscal Note Requested
- Feb 18(S) 1st Reading
- Feb 18(S) Introduced
- Feb 17(LC) Draft Delivered to Requester
- Feb 17(LC) Draft Ready for Delivery
- Feb 17(LC) Draft in Assembly
- Feb 17(LC) Draft in Final Drafter Review
- Feb 17(LC) Draft in Input/Proofing
- Feb 17(LC) Draft in Edit
- Feb 17(LC) Draft in Legal Review
- Feb 17(LC) Drafter AssignedIntroduced
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