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Senate committee concurs to move Montana workers' compensation court into judicial branch
Summary
The Senate Business, Labor and Economic Affairs Committee voted to concur on House Bill 516, which transfers the Montana Workers' Compensation Court and its judge from the Department of Labor and Industry to the judicial branch; supporters said the move will speed cases and let the court use the judiciary's e-filing system.
The Senate Business, Labor and Economic Affairs Committee voted to concur on House Bill 516, advancing a plan to move the Montana Workers' Compensation Court and its judge from the Department of Labor and Industry to the judicial branch.
Representative Walsh, sponsor of HB 516, told the committee the change "will transfer the workman's comp judge from the Department of Labor and Industry to the judicial branch, providing for supervision and administration by the Supreme Court" and said the move will create "an efficient modern court" that can share the judiciary's case-management and e-filing systems.
Judge Lee Bruner, the current judge of the Montana Workers' Compensation Court, testified in support, saying the court will be able to "provide a lot better service" to both employers and injured workers and that the change should speed claims and increase transparency for parties who often appear without counsel.
Sarah Swanson, commissioner of the Department of Labor and Industry, told senators that the administrative attachment of the court to the department has created an appearance problem: "when our decisions as the regulator are appealed, we're essentially appealing us to us," and she endorsed moving the court to the judiciary to separate regulator and adjudicator functions.
Supporters also argued the shift will save taxpayers money by allowing the work comp court to use existing judicial software and database storage rather than purchasing separate systems; they acknowledged there will be transition costs tied to migrating electronic records and to transferring staff and budget authority.
The committee later approved the measure in executive action. In a recorded roll-call vote the committee reported HB 516 passed 8—6 (yes): Senators Curti, Novak, Morgeau, Ellsworth (aye by proxy), Hunter, Logie, Weber and Gillespie; (no) Senators Trebes, Zolnikov, Phelan and Chair Nolan. The bill will be carried to the full Senate by a committee-assigned sponsor.
The next procedural step is a floor concurrence and then scheduling for final floor action.
