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Bill Detail: HB20-1154

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Title Workers' Compensation
Status House Committee on Business Affairs & Labor Refer Unamended to Appropriations (02/12/2020)
Bill Subjects
  • Labor & Employment
House Sponsors T. Kraft-Tharp (D)
K. Van Winkle (R)
Senate Sponsors V. Marble (R)
J. Bridges (D)
House Committee Business Affairs and Labor
Senate Committee
Date Introduced 01/17/2020
Description

The bill:
  • Clarifies when payments for benefits and penalties payable
to an injured worker are deemed paid (section 1);
  • Adds guardian and conservator services to the list of
medical aid that an employer is required to furnish to an
employee who is incapacitated as a result of a work-related
injury or occupational disease (section 2);
  • Requires a claimant for mileage reimbursement for travel
related to obtaining compensable medical care to submit a
request to the employer or insurer within 120 days after the
expense is incurred and requires the employer or insurer to
pay or dispute mileage within 30 days of submittal and to
include in the brochure of claimants' rights an explanation
of rights to mileage reimbursement and the deadline for
filing a request (sections 2 and 7);
  • Clarifies that offsets to disability benefits granted by the
federal Old-Age, Survivors, and Disability Insurance
Amendments of 1965 only apply if the payments were not
already being received by the employee at the time of the
work-related injury (section 3);
  • Prohibits the reduction of an employee's temporary total
disability, temporary partial disability, or medical benefits
based on apportionment under any circumstances; limits
apportionment of permanent impairment to specific
situations; and declares that the employer or insurer bears
the burden of proof, by a preponderance of evidence, at a
hearing regarding apportionment of permanent impairment
or permanent total disability benefits (section 4);
  • Adds the conditions that, in order for an employer or
insurer to request the selection of an independent medical
examiner when an authorized treating physician has not
determined that the employee has reached maximum
medical improvement (MMI), an examining physician must
serve a written report to the authorized treating physician
specifying that the examining physician has determined
that the employee has reached MMI; the authorized treating
physician must examine the employee at least 20 months
after the date of the injury and determine that the employee
has reached MMI; the authorized treating physician must
be served with a written report indicating MMI; and the
authorized treating physician has responded that the
employee has not reached MMI or has failed to respond
within 15 days after service of the report (section 5);
  • Changes the whole person impairment rating applicable to
an injured worker from 25% to 19% for purposes of
determining the maximum amount of combined temporary
disability and permanent partial disability payments an
injured worker may receive (section 6);
  • Prohibits an employer or insurer from withdrawing an
admission of liability 2 years after the date the admission of
liability on the issue of compensability was filed, except in
cases of fraud (section 7);
  • Prohibits the director of the division of workers'
compensation or an administrative law judge from
determining issues of compensability or liability unless
specific benefits or penalties are awarded or denied at the
same time (section 8);
  • Clarifies the scope of authority of prehearing
administrative law judges (section 9);
  • Increases the threshold amount that an injured worker must
earn in order for permanent total disability payments to
cease and allows for annual adjustment of the threshold
amount starting in 2021 (section 11); and
  • Clarifies the orders that are subject to review or appeal
(sections 10 and 12).

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (02/11/2020) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
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