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Workers’ Compensation Court remains attached to Labor Department; bill floated to move it to the judiciary
Summary
Commissioner Swanson and staff described the Workers’ Compensation Court as an administratively attached agency with five positions; the department has reviewed draft legislation that would relocate the court to the judicial branch, modeled on Montana’s water court.
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Commissioner Sarah Swanson described the Workers’ Compensation Court to the Section A Subcommittee as the adjudicatory body for workers’ compensation appeals and said it is currently administratively attached to the Department of Labor and Industry.
Swanson told the committee the court was established in 1975, is led by a judge appointed by the governor (Judge Lee Bruner), and is appropriated five positions. She said the court provides the final administrative appeal step before district court for workers’ compensation matters. The department noted the importance of maintaining administrative firewalls between adjudicatory functions and other agency operations.
Swanson and staff described draft legislation circulating that would relocate the Workers’ Compensation Court to the judicial branch, comparing the proposal to the existing Montana Water Court model. The department said it would be a party to discussions on that relocation and that it is prepared to cooperate if the legislature moves the court into the judiciary.
Ending: Committee members asked for the bill sponsor and additional information; Swanson said she would provide the sponsor’s name and follow up with committee staff.
