What’s something new in the Workers’ Compensation Law?
- Kevin Bartsch, Assistant Director, Workers Compensation Pool Operations
As we start back to school, and as positions are being filled throughout the school districts, we wanted to touch base with you on a relatively new statute. This is typically tied to occasionally answering questions as part of the hiring process. Passed during the 2021 Legislative session, Section 39-71-108 addresses the issue of job candidates providing false statements on employment questionnaires and the potential impact those false statements may have on subsequent liability decisions if the worker is injured later.
Although the statute's text may seem straightforward, legal nuances often complicate matters. We want to emphasize this because a district's hiring process, specific questionnaires, and how that information is communicated during claim investigations can all impact the statute's applicability. The key takeaway is to ensure your district’s hiring documents and procedures are reviewed by legal counsel in advance and applied consistently. If a subsequent injury occurs and false information is suspected, prompt communication with your claim adjuster is crucial.
As with any hiring actions, as well as other employment-related decision-making, proper review and discussion and with legal counsel should be undertaken to ensure fair and appropriate actions are implemented.
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Montana Code Annotated 2023
TITLE 39. LABOR
CHAPTER 71. WORKERS' COMPENSATION
Part 1. General Provisions
False Statement On Employment Questionnaire
39-71-108. False statement on employment questionnaire. (1) A false statement made by an employee in an employer-provided written questionnaire calling for the disclosure of an employee's medical condition that is relevant to the essential functions of the job following a conditional offer of employment bars all wage-loss or medical benefits under this chapter if all of the following conditions are met:
(a) the employee knowingly or willfully, by omission or commission, makes a false representation regarding the employee's physical condition that is relevant to the essential functions of the job;
(b) the employer relies on the false representation and that reliance is a contributing factor in the hiring of the employee; and
(c) there is a causal connection between the falsely represented condition and the injury or occupational disease for which wage-loss or medical benefits are claimed.