Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.29 - WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE
Subchapter 24.29.7 - Employers Insurance Requirements
Rule 24.29.711 - STATUS OF CERTAIN PERSONAL ASSISTANTS FOR THE PURPOSE OF WORKERS' COMPENSATION LAWS
Universal Citation: MT Admin Rules 24.29.711
Current through Register Vol. 18, September 20, 2024
(1) For the purposes of workers' compensation and occupational disease laws, a person with a disability who receives services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite the exercise of control over the selection, management and supervision of the personal assistant if:
(a) the personal assistant is providing
services to the disabled person pursuant to
53-6-145,
MCA, and rules adopted by the department of public health and human services
implementing that statute; and
(b)
the personal assistant is the employee of another person or entity that has the
right to exercise an employer's control over the personal assistant, including
the right to discipline and terminate employment.
53-6-145, MCA; IMP, 53-6-145, MCA;
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