Montana Code 39-71-108. False statement on employment questionnaire
39-71-108. False statement on employment questionnaire. (1) A false statement made by an employee in an employer-provided written questionnaire calling for the disclosure of an employee’s medical condition that is relevant to the essential functions of the job following a conditional offer of employment bars all wage-loss or medical benefits under this chapter if all of the following conditions are met:
Terms Used In Montana Code 39-71-108
- 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
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(a)the employee knowingly or willfully, by omission or commission, makes a false representation regarding the employee’s physical condition that is relevant to the essential functions of the job;
(b)the employer relies on the false representation and that reliance is a contributing factor in the hiring of the employee; and
(c)there is a causal connection between the falsely represented condition and the injury or occupational disease for which wage-loss or medical benefits are claimed.
(2)The employee has the right to petition the workers’ compensation court after satisfying the mediation requirements of this chapter if the employee disagrees with a decision to terminate benefits or bar benefits as provided under subsection (1).