Montana Code 39-71-119. Injury and accident defined
39-71-119. Injury and accident defined. (1) “Injury” or “injured” means:
Terms Used In Montana Code 39-71-119
- 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
(a)internal or external physical harm to the body that is established by objective medical findings;
(b)damage to prosthetic devices;
(c)damage to appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids; or
(d)death.
(2)An injury is caused by an accident. An accident is:
(a)an unexpected traumatic incident or unusual strain;
(b)identifiable by time and place of occurrence;
(c)identifiable by member or part of the body affected; and
(d)caused by a specific event on a single day or during a single work shift.
(3)”Injury” or “injured” does not mean a physical or mental condition arising from:
(a)emotional or mental stress; or
(b)a nonphysical stimulus or activity.
(4)”Injury” or “injured” does not include a disease that is not caused by an accident.
(5)(a) A cardiovascular, pulmonary, respiratory, or other disease, cerebrovascular accident, or myocardial infarction suffered by a worker is an injury only if the accident is the primary cause of the physical condition in relation to other factors contributing to the physical condition.
(b)”Primary cause”, as used in subsection (5)(a), means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.