Montana Code 39-71-1011. Definitions
39-71-1011. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 39-71-1011
- assistance: means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. See Montana Code 39-71-1011
- Assistance fund: means the stay-at-work/return-to-work assistance fund provided for in 39-71-1049. See Montana Code 39-71-1011
- Commission on rehabilitation counselor certification: means the nonprofit, independent, fee-structured organization that is a member of the national commission for health certifying agencies and that is established to certify rehabilitation providers. See Montana Code 39-71-1011
- Disabled worker: means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury. See Montana Code 39-71-1011
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Rehabilitation plan: means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss. See Montana Code 39-71-1011
- worker: means :
(a)each person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or implied, oral or written. See Montana Code 39-71-118
(1)”Assistance fund” means the stay-at-work/return-to-work assistance fund provided for in 39-71-1049.
(2)”Commission on rehabilitation counselor certification” means the nonprofit, independent, fee-structured organization that is a member of the national commission for health certifying agencies and that is established to certify rehabilitation providers.
(3)”Disabled worker” means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury.
(4)”Insurer’s stay-at-work/return-to-work assistance policy” or “assistance policy” means a written stay-at-work/return-to-work policy that explains to the worker the process of evaluation, planning, implementation, and provision of services by the insurer prior to the determination that the worker meets the definition of a disabled worker. The services are intended to facilitate a worker’s return to work as soon as possible following the worker’s injury or occupational disease. This assistance may include a rehabilitation plan.
(5)”Rehabilitation benefits” means benefits provided in 39-71-1006 and 39-71-1025.
(6)”Rehabilitation plan” means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker’s actual wage loss.
(7)”Rehabilitation provider” means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer.
(8)”Rehabilitation services” means a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work.
(9)”Stay-at-work/return-to-work assistance” or “assistance” means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker’s return to work as soon as possible following the worker’s injury or occupational disease. This assistance may include a rehabilitation plan.