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Montana bill would move workers' compensation court into judiciary; committee concurs
Summary
The Senate Business and Labor Committee heard testimony supporting House Bill 516, which would transfer the Montana Workers' Compensation Court from the Department of Labor and Industry to the judicial branch. Proponents said the change would improve electronic filing, transparency and efficiency; the committee voted to concur.
Representative Dan Walsh, sponsor of House Bill 516, told the Senate Business and Labor Committee the measure would move the Montana Workers' Compensation Court from the Department of Labor and Industry to the judicial branch. “We'll transfer the workman's comp judge from the Department of Labor and Industry to the judicial branch,” Walsh said.
Judge Lee Bruner, who currently serves as judge of the Montana Workers' Compensation Court, testified in favor, saying the transfer would speed case handling and improve service to employers and injured workers. “It's going to allow us to provide a lot better service to our customer base,” Bruner said.
Sarah Swanson, commissioner of the Department of Labor and Industry, told the committee the move separates adjudication from regulation and could save money by using the judiciary's existing e-filing and electronic docketing systems rather than buying a separate system. “The judiciary already has an e filing and an electronic system and so moving them to the judiciary … will save the taxpayers a tremendous amount of money,” Swanson said. She added the current workers' compensation court is funded by an assessment on workers' compensation providers and that the method of collecting the assessment will need to be transitioned.
Dave McAlpin, court administrator for the judicial branch, and representatives of Montana State Fund backed the bill, emphasizing cost savings and consistency with other courts.
During questions, Senator Weber asked about staff transfers listed on the fiscal note; Swanson said Judge Bruner and four support staff (five FTE total) and the associated budget would move to the judiciary. Swanson also said the department expects to refine the fiscal note to reflect lower-than-estimated software transition costs before financing is finalized.
After the hearing, the committee moved to executive action and voted to concur on House Bill 516; the roll-call result reported in committee was 8–4 in favor. The committee recorded that the judiciary and executive branches had endorsed the transfer and that stakeholders, including the current workers' compensation judge, supported the change.
If enacted, the bill would place the Workers' Compensation Court under the supervision and administration of the Montana Supreme Court and create a workers' compensation fund with annual transfers to cover court costs, with further administrative rule changes planned to move assessment authority to the judiciary.
Votes at a glance: House Bill 516 — committee: do concur (roll-call reported 8 yes, 4 no).
