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Bill Detail: HB21-1050

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Title Workers' Compensation
Status Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations (05/10/2021)
Bill Subjects
  • Labor & Employment
House Sponsors K. Van Winkle (R)
M. Gray (D)
Senate Sponsors J. Cooke (R)
J. Bridges (D)
House Committee Business Affairs and Labor
Senate Committee Business, Labor and Technology
Date Introduced 02/16/2021
Summary

The bill:
  • Adds guardian ad litem 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 1 of the bill);
  • Requires an injured worker who is claiming 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 after 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 1 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 2);
  • 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 the evidence, at
a hearing regarding apportionment of permanent
impairment or permanent total disability benefits (section
3
);
  • Adds the following conditions that must be met 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 have examined the employee at least 20
months after the date of the injury, have determined that the
employee has reached MMI, and have served a written
report to the authorized treating physician specifying that
the examining physician has determined that the employee
has reached MMI; and the authorized treating physician
must have responded that the employee has not reached
MMI or must have failed to respond within 15 days after
service of the report (section 4);
  • 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 5);
  • Clarifies when benefits and penalties payable to an injured
worker are deemed paid (section 6);
  • Prohibits an employer or insurer from withdrawing an
admission of liability when 2 years or more have passed
since 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 2022 (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 (02/16/2021) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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