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MONTANA SELF INSURERS' ASSOCIATION

MSIA Legislative Update 4/28/2023 Week 16

  • Sad News – Passing of Larry Jones
  • This Week’s Legislative Action – The Countdown Clock Continues
  • HB 490 – Penalties for Improper IC Classification
  • HB 590 – Violence Against Health Care Workers
  • Sad News – Passing of Larry Jones


I start this Update with some sad news. Larry Jones most recently my predecessor at the Montana Self Insurers Association passed away on Monday April 24. Larry had some medical issues which lead to his having to leave the MSIA in 2020. 


Larry was a fixture in Montana workers’ compensation, starting his career at the Workers’ Compensation Court first as a clerk and later as a Hearing Officer for Judge Riordan. He then moved on to the Garlington, Lohn law firm and spent most of his career representing Liberty Northwest and Liberty Mutual as their lead claims defense attorney. Larry was in that role when I first met him in the mid 90’s and his intimate knowledge of the Montana workers’ compensation law made him invaluable to anyone who was new to the system. Larry also prowled the hallways of the Capitol, for Liberty and later MSIA, providing information and testimony on our workers’ compensation system and how to make it better. 


As of this writing, I do not have any details other than what I have shared. As soon as I learn of information, I will share with you either through a regularly scheduled Update or as an Update Extra. MSIA has sent condolences and will be sending a remembrance in line with the families wishes. 


If you have stories you would like to share about Larry with our members, please get them to me and I will include them, either with attribution or anonymously if you would like. 


  • Legislative Updates


You can always tell when the Legislature is wrapping up in Helena – special meetings are called, the bigger issues dominate the local paper headlines and the Governor and legislative leaders let some of their spats become public knowledge. Constitutionally, the legislature is permitted to meet in regular session for 90 days. Of course special sessions can be called either by the legislature themselves or by the Governor, but the usual work is expected to be done within those 90 legislative days. 


We’re getting there. We will hit the 90th day sometime in the first weeks of May - - if they go that long. There was speculation they might go out sometime this coming weekend, but as of this writing that is looking to be pretty unlikely – just too many things to get wrapped up before they leave. 


None of the things they have to wrap up, directly impact our work in workers’ compensation. All the bills we have monitored or worked on are either well on their way to becoming law, or are still dead. While some of the dead bills can come back to life, there has to be a reason for that to happen, and there just doesn’t seem to be the need to make it so. We are beginning to relax a bit, as a result. 


We will continue to monitor the legislative action just to make sure things that should be dead, stay dead or if possible, that something that should happen, has that opportunity. 


We will provide a comprehensive report on all WC legislation after they go home. In the meantime, here’s this week’s action:


HB 490              Gist                     R-Great Falls                  As originally drafted this bill provided penalties for employers hiring people as independent contractors when they were not, and for construction only, instituted the California ABC test for IC determination. The ABC test is a very high standard and one which would have eliminated the current Montana ICEC standards. In speaking with Representative Gist his concern was based on the potential for human trafficking and he agreed to our request for an amendment which eliminates the ABC test language and to provides higher penalties against employers for retaining employees and classifying them as IC’s. For more details on the ABC test, see the CA Supreme Court Dynamex decision in 2018, S222732.PDF (ca.gov). The bill passed the Senate 33-17 on 4/14. The next stop is the Governor’s desk and he is expected to sign it into law. MSIA provided ‘soft’ opposition to the bill as originally drafted and in support of the amendment. With the changes from original language, MSIA supported the bill. 


HB 590              Buttrey             R – Great Falls                This bill requires health care employers to report incidents of violence against health care workers. Unlike the Senate Version (SB 241, which was withdrawn by the sponsor, it does not require a workers’ compensation claim be made by the employer. The bill passed the Senate 26 – 19 on 4/14 and will be sent to the Governor, who is expected to sign it. With the change from the Senate version, MSIA did not take a position on this bill.


           

  • MSIA CE Webinar May 4 @ 10a  
  • Extended Use of Physical Medicine for Workers with Low Back Pain, presented by WCRI 


Advance Registration Closes Wednesday 5/3!


Physical medicine (PM) services are commonly used in treating workers with low back pain (LBP) and other musculoskeletal injuries. The WCRI report, Extended Use of Physical Medicine Services for Workers with Low Back Pain, released earlier this spring, documents the prevalence of extended use of PM services (referred to as extended PM use) among 28 study states for nonsurgical LBP claims. The report also identifies several key factors associated with a higher or lower likelihood of having extended PM use. The findings will be helpful for those who are interested in finding ways to improve coordination of care for the purpose of achieving more consistent care to workers for early recovery. 


Webinar Objectives:


  • How prevalent is the extended use of PM services and how does it vary across states?
  • How is extended PM use associated with overall costs and duration of temporary disability? 
  • What are the factors that help predict the likelihood of extended PM use, focusing on the factors that can be used for better management of claims and care?  


Join us May 4, at 10a MST for the next MSIA CE Webinar presented by Dongchun Wang of the Workers’ Compensation Research Institute (WCRI) on her findings from the new Institute study Extended Use of Physical Medicine for Workers with Low Back Pain. 


MSIA members have access to unlimited seats to all our Webinars.

Advance registration is required – contact MSIA by phone, text, email or register through the website, Webinars (mtselfinsurers.org)


As with all MSIA CE Webinars, members have access to an unlimited number of seats, and advance registration is required. We have applied for one CE credit from the Montana Department of Labor and Industry. 


Contact MSIA to reserve your seats today! Registration cut-off is Wednesday, May 3. To register, visit Webinars (mtselfinsurers.org).


May the fourth be with you (get it?) at 10a MST! 


See you next week!