Medical nondisclosure would bar comp benefits under Montana bill

A bill that would eliminate workers compensation for employees who knowingly fail to disclose medical conditions pertinent to their job requirements on pre-employment questionnaires was presented before the Montana Senate Business and Labor Committee on Tuesday.

Senate Bill 116, introduced by Sen. Mark Blasdel, R-Kalispell, would bar all wage-loss or medical benefits if all these conditions are met: “the employee knowingly or willingly, by omission or commission, makes a false representation regarding the employee's physical condition that is relevant to the essential functions of the job; the employer relies on the false representation and that reliance is a contributing factor in the hiring of the employee; and there is a causal connection between the falsely represented condition and the injury or occupational disease for which wage-loss or medical benefits are claimed,” according to a draft. 

The bill, which would go into effect July 1, is expected to be reviewed by the state’s House of Representative on April 7 for possible amendments, according to a legislative calendar.