Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 39-71-105 (2026)

Declaration Of Public Policy

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 1
  5. 39-71-105 Declaration of public policy

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 1. General Provisions

Declaration Of Public Policy

39-71-105.  (Temporary) Declaration of public policy. For the purposes of interpreting and applying this chapter, the following is the public policy of this state:

(1) An objective of the Montana workers' compensation system is to provide, without regard to fault, wage-loss and medical benefits to a worker suffering from a work-related injury or disease. Wage-loss benefits are not intended to make an injured worker whole but are intended to provide assistance to a worker at a reasonable cost to the employer. Within that limitation, the wage-loss benefit should bear a reasonable relationship to actual wages lost as a result of a work-related injury or disease.

(2) It is the intent of the legislature to assert that a conclusive presumption exists that recognizes that a holder of a current, valid independent contractor exemption certificate issued by the department is an independent contractor if the person is working under the independent contractor exemption certificate. The holder of an independent contractor exemption certificate waives the rights, benefits, and obligations of this chapter unless the person has elected to be bound personally and individually by the provisions of compensation plan No. 1, 2, or 3.

(3) A worker's removal from the workforce because of a work-related injury or disease has a negative impact on the worker, the worker's family, the employer, and the general public. Therefore, an objective of the workers' compensation system is to return a worker to work as soon as possible after the worker has suffered a work-related injury or disease.

(4) Montana's workers' compensation and occupational disease insurance systems are intended to be primarily self-administering. Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates. To meet these objectives, the system must be designed to minimize reliance upon lawyers and the courts to obtain benefits and interpret liabilities.

(5) This chapter must be construed according to its terms and not liberally in favor of any party.

(6) It is the intent of the legislature that:

(a) a stress claim, often referred to as a "mental-mental claim" or a "mental-physical claim", is not compensable under Montana's workers' compensation and occupational disease laws. The legislature recognizes that these claims are difficult to objectively verify and that the claims have a potential to place an economic burden on the workers' compensation and occupational disease system. The legislature also recognizes that there are other states that do not provide compensation for various categories of stress claims and that stress claims have presented economic problems for certain other jurisdictions. In addition, not all injuries are compensable under the present system, and it is within the legislature's authority to define the limits of the workers' compensation and occupational disease system. However, it is also within the legislature's authority to recognize the public service provided by firefighters and to join with other states that have extended a presumptive occupational disease recognition to firefighters.

(b) for occupational disease or presumptive occupational disease claims, because of the nature of exposure, workers should not be required to provide notice to employers of the disease as required of injuries and that the requirements for filing of claims reflect consideration of when the worker knew or should have known that the worker's condition resulted from an occupational disease or a presumptive occupational disease. The legislature recognizes that occupational diseases in the workplace are caused by events occurring on more than a single day or work shift and that the legislature has the authority to define an occupational disease or a presumptive occupational disease and establish the causal connection to the workplace. (Void on occurrence of contingency--sec. 7, Ch. 158, L. 2019.)

39-71-105. (Effective on occurrence of contingency) Declaration of public policy. For the purposes of interpreting and applying this chapter, the following is the public policy of this state:

(1) An objective of the Montana workers' compensation system is to provide, without regard to fault, wage-loss and medical benefits to a worker suffering from a work-related injury or disease. Wage-loss benefits are not intended to make an injured worker whole but are intended to provide assistance to a worker at a reasonable cost to the employer. Within that limitation, the wage-loss benefit should bear a reasonable relationship to actual wages lost as a result of a work-related injury or disease.

(2) It is the intent of the legislature to assert that a conclusive presumption exists that recognizes that a holder of a current, valid independent contractor exemption certificate issued by the department is an independent contractor if the person is working under the independent contractor exemption certificate. The holder of an independent contractor exemption certificate waives the rights, benefits, and obligations of this chapter unless the person has elected to be bound personally and individually by the provisions of compensation plan No. 1, 2, or 3.

(3) A worker's removal from the workforce because of a work-related injury or disease has a negative impact on the worker, the worker's family, the employer, and the general public. Therefore, an objective of the workers' compensation system is to return a worker to work as soon as possible after the worker has suffered a work-related injury or disease.

(4) Montana's workers' compensation and occupational disease insurance systems are intended to be primarily self-administering. Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates. To meet these objectives, the system must be designed to minimize reliance upon lawyers and the courts to obtain benefits and interpret liabilities.

(5) This chapter must be construed according to its terms and not liberally in favor of any party.

(6) It is the intent of the legislature that:

(a) stress claims, often referred to as "mental-mental claims" and "mental-physical claims", are not compensable under Montana's workers' compensation and occupational disease laws. The legislature recognizes that these claims are difficult to objectively verify and that the claims have a potential to place an economic burden on the workers' compensation and occupational disease system. The legislature also recognizes that there are other states that do not provide compensation for various categories of stress claims and that stress claims have presented economic problems for certain other jurisdictions. In addition, not all injuries are compensable under the present system, and it is within the legislature's authority to define the limits of the workers' compensation and occupational disease system.

(b) for occupational disease claims, because of the nature of exposure, workers should not be required to provide notice to employers of the disease as required of injuries and that the requirements for filing of claims reflect consideration of when the worker knew or should have known that the worker's condition resulted from an occupational disease. The legislature recognizes that occupational diseases in the workplace are caused by events occurring on more than a single day or work shift and that it is within the legislature's authority to define an occupational disease and establish the causal connection to the workplace.

History: En. Sec. 1, Ch. 464, L. 1987; amd. Sec. 1, Ch. 630, L. 1993; amd. Sec. 1, Ch. 103, L. 2005; amd. Sec. 9, Ch. 416, L. 2005; amd. Sec. 7, Ch. 448, L. 2005; amd. Sec. 1, Ch. 167, L. 2011; amd. Sec. 3, Ch. 158, L. 2019.

Notes of Decisions
Cited in 56 cases (2 in the last 5 years), 1990–2022 · leading case: Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011).
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Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). · cites it 50× “We address these purported interests in turn. ¶ 38 First we conclude that the governmental interest in creating a wage replacement system bears little relevance in the context of rehabilitation benefits.”
Colmore v. Uninsured Employers Fun, 2005 MT 239 (Mont. 2005). · cites it 38× “Finally, the Court’s decision defeats the intended purpose of § 39-71-105, MCA (1999), to diminish a claimant’s reliance upon lawyers and expeditiously obtain benefits for him or herself.”
Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). · cites it 30× “This is further evidenced by the policy statement added by the 1993 Montana Legislature to § 39-71-105(5), MCA. That section declares the "public policy" of the Workers' Compensation Act.”
Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003). · cites it 24× “o benefits under the Workers' Compensation Act are not similarly situated to those claiming benefits pursuant to the Occupational Disease Act; and that the public policy set forth at § 39-71-105, MCA (1997), to provide benefits to injured or diseased workers in an expeditious…”
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). · cites it 16× “Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates." Section 39-71-105(4), MCA.”
Wild v. Fregein Constr., 2003 MT 115 (Mont. 2003). · cites it 18× “¶ 41 Section 39-71-105, MCA, provides, in pertinent part: (1) It is an objective of the Montana workers' compensation system to provide, without regard to fault, wage supplement and medical benefits to a worker suffering from a work-related injury or disease.”
Hiett v. Missoula Cnty. Pub. Schs., 2003 MT 213 (Mont. 2003). · cites it 12× “Section 39-71-105, MCA. See also, S.L.H. v.”
Sturchio v. Wausau Underwriters Ins., 2007 MT 311 (Mont. 2007). · cites it 19× “) Wausau reasons that, because § 39-71-123(4)(a), MCA (2003), refers to subsection (3) to calculate the wage-loss benefit for concurrent employments, wages for concurrent employments must be calculated one of two ways — either pursuant to subsection (3)(a) or subsection (3)(b),…”
Montana Cannabis Indus. Ass'n v. State, 2016 MT 44 (Mont. 2016). · cites it 4× “One stated purpose of the Act is to “provide legal protections to persons with debilitating medical conditions who engage in the use of marijuana to alleviate the symptoms of the debilitating medical condition.”
Wiard v. Liberty Nw. Ins. Corp., 2003 MT 295 (Mont. 2003). · cites it 6× “Section 39-71-105(3), MCA (emphasis added).”
Heisler v. Hines Motor Co., 937 P.2d 45 (Mont. 1997). · cites it 8× “" Section 39-71-105(1), MCA. Medical benefits, also to be provided without regard to fault, are based on "reasonableness" and "cost-effectiveness.”
S.L.H. v. State Comp. Mut. Ins. Fund, 2000 MT 362 (Mont. 2000). · cites it 7× “¶33 The legislature’s objective in enacting these statutes was to compensate workers for valid impairments resulting from injuries suffered on the job.”
Show all 56 citing cases →
— Mont. Code Ann. § 39-71-105(1) — 29 cases
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). “Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates." Section 39-71-105(4), MCA.”
Colmore v. Uninsured Employers Fun, 2005 MT 239 (Mont. 2005). “Finally, the Court’s decision defeats the intended purpose of § 39-71-105, MCA (1999), to diminish a claimant’s reliance upon lawyers and expeditiously obtain benefits for him or herself.”
Montana Cannabis Indus. Ass'n v. State, 2016 MT 44 (Mont. 2016). “One stated purpose of the Act is to “provide legal protections to persons with debilitating medical conditions who engage in the use of marijuana to alleviate the symptoms of the debilitating medical condition.”
Heisler v. Hines Motor Co., 937 P.2d 45 (Mont. 1997). “" Section 39-71-105(1), MCA. Medical benefits, also to be provided without regard to fault, are based on "reasonableness" and "cost-effectiveness.”
Hiett v. Missoula Cnty. Pub. Schs., 2003 MT 213 (Mont. 2003). “Section 39-71-105, MCA. See also, S.L.H. v.”
— Mont. Code Ann. § 39-71-105(2) — 4 cases
Stavenjord v. Montana State Fund, 2003 MT 67 (Mont. 2003). “o benefits under the Workers' Compensation Act are not similarly situated to those claiming benefits pursuant to the Occupational Disease Act; and that the public policy set forth at § 39-71-105, MCA (1997), to provide benefits to injured or diseased workers in an expeditious…”
Wright v. Ace Am. Ins., 2011 MT 43 (Mont. 2011).
Rausch v. State Comp. Ins. Fund, 2005 MT 140 (Mont. 2005).
Reeves v. Liberty Mut. Fire Ins., 911 P.2d 839 (Mont. 1996).
— Mont. Code Ann. § 39-71-105(3) — 11 cases
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). “We address these purported interests in turn. ¶ 38 First we conclude that the governmental interest in creating a wage replacement system bears little relevance in the context of rehabilitation benefits.”
Colmore v. Uninsured Employers Fun, 2005 MT 239 (Mont. 2005). “Finally, the Court’s decision defeats the intended purpose of § 39-71-105, MCA (1999), to diminish a claimant’s reliance upon lawyers and expeditiously obtain benefits for him or herself.”
Wiard v. Liberty Nw. Ins. Corp., 2003 MT 295 (Mont. 2003). “Section 39-71-105(3), MCA (emphasis added).”
Am. Zurich Ins. v. Montana Thirteenth Jud. Dist. Court, 2012 MT 61 (Mont. 2012).
Goble v. Montana State Fund, 2014 MT 99 (Mont. 2014).
— Mont. Code Ann. § 39-71-105(4) — 6 cases
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). “We address these purported interests in turn. ¶ 38 First we conclude that the governmental interest in creating a wage replacement system bears little relevance in the context of rehabilitation benefits.”
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). “Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates." Section 39-71-105(4), MCA.”
EBI/Orion Grp. v. Blythe, 931 P.2d 38 (Mont. 1997).
King v. State Comp. Ins. Fund, 938 P.2d 607 (Mont. 1997).
Robinson v. State Comp. Mut. Ins. Fund, 430 P.3d 69 (Mont. 2018).
— Mont. Code Ann. § 39-71-105(5) — 5 cases
Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). “This is further evidenced by the policy statement added by the 1993 Montana Legislature to § 39-71-105(5), MCA. That section declares the "public policy" of the Workers' Compensation Act.”
Onstad v. Payless Shoesource, 2000 MT 230 (Mont. 2000).
Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845 (Iowa 1995).
Moreau v. Transp. Ins., 2015 MT 5 (Mont. 2015).
Richardson v. Indem. Ins. Co. of N. Am., 444 P.3d 1019 (Mont. 2019).
— Mont. Code Ann. § 39-71-105(6)(b) — 1 case
Dvorak v. Montana State Fund, 2013 MT 210 (Mont. 2013).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.