Montana Code 39-71-415. Procedure for resolving disputes regarding independent contractor status
39-71-415. Procedure for resolving disputes regarding independent contractor status.
Terms Used In Montana Code 39-71-415
- 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.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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)If a claimant and insurer have a dispute over benefits and the dispute involves an issue of whether the claimant is an independent contractor or employee, either party may, after mediation pursuant to department rules, petition the workers’ compensation judge for resolution of the dispute in accordance with 39-71-2905.
(2)(a) A dispute involving an employer, a worker, or the department and involving the issue of whether a worker is an independent contractor or an employee, but not involving workers’ compensation benefits, must be brought before the independent contractor central unit of the department for resolution.
(b)(i) A decision of the independent contractor central unit is final unless a party dissatisfied with the decision requests mediation pursuant to department rules within 15 days of the mailing of the decision by the independent contractor central unit.
(ii)At the conclusion of the mediation process, the mediator shall issue a report summarizing the status of the proceeding and shall mail a copy of the report to the parties.
(c)If after mediation the parties have not resolved their dispute concerning a worker’s status as an independent contractor or an employee, a party may appeal the decision of the independent contractor central unit by filing a petition with the workers’ compensation court within 30 days of the mailing of the mediator’s report.
(d)An appeal from the independent contractor central unit to the workers’ compensation court brought pursuant to this subsection (2) is a new proceeding.