39-71-1041. Stay-at-work/return-to-work goals and options — notification by department — agreement between worker and insurer. (1) The goal of stay-at-work/return-to-work assistance is to minimize avoidable disruption caused by a work-related injury or occupational disease by assisting the worker in the worker’s return to the same position with the same employer or to a modified position with the same employer as soon as possible after an injury or an occupational disease occurs.

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Terms Used In Montana Code 39-71-1041

  • 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
  • Rehabilitation services: means a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work. 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

(2)To further the goal in subsection (1), the department shall, upon receipt from the insurer of a report of injury or occupational disease pursuant to 39-71-307(2), distribute to the worker a document that describes the stay-at-work/return-to-work assistance that is available upon request by the worker.

(3)Services provided as part of stay-at-work/return-to-work assistance are provided in addition to or prior to rehabilitation services and are intended to help a worker return to work.