HB 805 would revise Montana workers’ compensation law in two major ways. First, it amends the statutory definition of “employee” or “worker” to exclude people who are unlawfully employed as aliens, while preserving existing coverage language for certain other categories of workers such as minors, volunteers in specified roles, public officers, and other enumerated groups. Second, it adds a new requirement that an insurer deny or close any workers’ compensation claim if the claimant is an illegal alien or if the claimant leaves the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, or American Samoa while a claim is being made or while it is ongoing.
The bill also makes a conforming change to the definition of “catastrophically injured” in the workers’ compensation statute, tying eligibility for out-of-state treatment to compliance with the new territorial restrictions in Section 2. Overall, the measure would narrow access to workers’ compensation benefits for certain noncitizens and for claimants who depart the covered jurisdictions during the claims process, while leaving most of the existing workers’ compensation framework intact.
Impact
If enacted, HB 805 would amend sections 39-71-118 and 39-71-4003, MCA, and add a new section within Title 39, chapter 71 governing claim denial and closure. The practical effect would be to require insurers to screen for immigration status and claimant location during the claims process, and to deny or terminate benefits in the circumstances described. It would also alter the statutory definition of covered workers, potentially affecting eligibility for benefits, premium calculations, and claim administration across Montana’s workers’ compensation system.
Sentiment
The available voting history suggests the bill had some support in committee but did not advance. It received 17 yeas and 3 nays on a motion to table in the House Business and Labor Committee, indicating that a majority of members present were willing to set it aside rather than move it forward. The final status, “Died in Process,” indicates the bill did not become law. No committee transcript is available, so the record shows procedural support for tabling but not detailed debate.
Contention
The central point of contention is the bill’s treatment of undocumented workers and claimants who leave the United States or certain territories during an active claim. Supporters likely viewed the measure as a restriction on benefits for people not lawfully employed and as a way to limit claims administration issues, while opponents would be expected to argue that it creates a categorical denial of workers’ compensation protections based on immigration status and travel, potentially affecting injured workers regardless of the merits of their claims. The bill’s language also raises administrative and legal questions about how insurers would verify status and enforce claim closure.