Terms Used In Montana Code > Title 39 > Chapter 71 > Part 26 - Self-Insurers Guaranty Fund

• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the board of directors of the Montana self-insurers guaranty fund. See Montana Code 39-71-2603
• Contract: A legal written agreement that becomes binding when signed.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means the Montana self-insurers guaranty fund established pursuant to 39-71-2609. See Montana Code 39-71-2603
• Insolvent private self-insurer: means an employer:

  (a)(i) that is unable to pay workers' compensation claims because:

  (A)it has been determined to be insolvent by a court of competent jurisdiction; or

  (B)bankruptcy proceedings have been instituted by or against it; or

  (ii)whose claims are not being paid on its behalf; and

  (b)whose security has been exhausted pursuant to 39-71-2108. See Montana Code 39-71-2603

• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Member: means an employer bound by compensation plan No. See Montana Code 39-71-2603
• 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
• Private self-insurer: means a private employer bound by compensation plan No. See Montana Code 39-71-2603
• 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
• 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