First of many promised workers' comp bills advances in House
By JOHN S. ADAMS Tribune Capital Bureau • January 19, 2011

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HELENA — The House advanced a measure Tuesday that would prohibit illegal immigrants from collecting workers' compensation benefits in Montana.

His bill would require Montana workers' compensation insurance carriers to establish processes to ensure that no wage-loss or medical benefits for work-related injuries or diseases are paid to illegal immigrants.
The bill passed 60-40, with one Democrat voting in favor of the measure and nine Republicans opposing it.
Critics of the measure said HB71 does little to address high workers' compensation premiums, but could lead to costly lawsuits against business owners who unknowingly hire undocumented workers.
The Montana Constitution protects employers who provide workers' compensation coverage to their employees from liability if that employee is injured or killed on the job. Opponents say HB71 would remove those protections for employers who hire illegal immigrants — either knowingly or unknowingly — and open those employers to potentially backbreaking lawsuits from an injured employee not covered by workers' compensation.
"This could wind up being very, very expensive for employers," said Rep. Walter McNutt, R- Sidney, one of nine Republicans who voted against the measure. "This is dynamite. You could put an employer out of business. ... The trial lawyers are looking for this kind of opportunity."
Proponents of HB71 dismissed that concern, arguing that it is the employers' responsibility to verify that their employees are authorized to work in the United States.
Vance said his bill is a small piece of a larger puzzle to reform the workers' compensation system.
"This is not a single-issue problem. This is not a problem that can be solved by a single bill," Vance said. "This has multiple facets to it, and we need to address all of them."
The bill has to clear one more vote in the House before moving on to the Senate.


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