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Bill would let workers' comp court appoint benefits administrators for minors, incapacitated claimants
Summary
Senate Bill 338 would give the Workers' Compensation Court explicit authority to appoint benefits administrators to receive and manage payments for minors or claimants adjudicated incompetent. Supporters said the change fixes a technical gap; insurers and employers supported the cleanup.
Senate Bill 338, sponsored by Sen. Greg Hertz and heard in House Business and Labor, would allow the Workers’ Compensation Court to appoint a benefits administrator to receive and manage workers’ compensation payments on behalf of minor claimants or people adjudicated incompetent.
Witnesses from State Fund, the Montana Self Insurers Association, the Montana Chamber of Commerce, and other employers described the measure as a statutory cleanup requested by the court. Peter Strauss (Montana Self Insurers Association) and Quinlan O’Connor (Labor Department legal counsel, informational witness) told the committee that insurers and claimant attorneys typically agree on an appropriate fiduciary and ask the court to appoint that person, but the court’s authority on the point needed statutory confirmation after recent litigation and practice review.
Supporters said the change is a narrow fix to ensure benefits can be routed to an appropriate custodian without forcing carriers into district‑court guardianship proceedings. No opponents testified. Multiple stakeholder groups asked for a do‑concur recommendation.
