§ 39-71-501 Definition of uninsured employer
§ 39-71-502 Repealed
§ 39-71-503 Uninsured employers’ fund — purpose and administration of fund — maintaining balance for administrative costs — appropriation
§ 39-71-504 Funding of fund — option for agreement between department and injured employee
§ 39-71-505 Applicability of other provisions of chapter to fund
§ 39-71-506 Lien for payment of unpaid penalties, fees, and interest — levy and execution
§ 39-71-507 Department to order uninsured employer to cease operations — noncompliance with order a misdemeanor — coordination of remedies
§ 39-71-508 Coordination of remedies — limitation of liability of employee to third-party providers — rights of third-party providers
§ 39-71-509 Action against uninsured employer — limitation of employer’s defenses
§ 39-71-510 Limitation on benefit entitlement under fund
§ 39-71-511 Setoffs to claim against fund
§ 39-71-515 Independent cause of action
§ 39-71-516 District court venue and jurisdiction for independent cause of action
§ 39-71-517 Requirement to serve papers
§ 39-71-518 Setoffs against remaining liability
§ 39-71-519 Settlement
§ 39-71-520 Time limit to appeal to mediation — petitioning workers’ compensation court — failure to settle or petition
§ 39-71-521 Burden of proof — insurance coverage
§ 39-71-522 Inspection of construction sites — public policy — penalty
§ 39-71-525 Confidentiality of records — exception for use by public employees
§ 39-71-531 Repealed
§ 39-71-532 Repealed
§ 39-71-533 Repealed
§ 39-71-534 Repealed
§ 39-71-535 Collection of penalties, claim costs, late fees, and interest — liability for payment of collection costs
§ 39-71-541 Uninsured employer as party to benefits disputes — indemnification by uninsured employer for benefits paid — lien for payment — levy and execution
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Terms Used In Montana Code > Title 39 > Chapter 71 > Part 5 - Uninsured Employers

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Docket: A log containing brief entries of court proceedings.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Subpoena: A command to a witness to appear and give testimony.
  • Venue: The geographical location in which a case is tried.
  • 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

  • Writing: includes printing. See Montana Code 1-1-203