Workers' Compensation
| Type | Bill |
|---|---|
| Session | 2023 Regular Session |
| Subjects |
Concerning workers' compensation, and, in connection therewith, increasing the duration of benefits based on mental impairment, removing the authority to petition over artificial devices, allowing an employee to request a hearing on the loss of total temporary disability benefits under certain circumstances, updating provisions related to independent medical examinations, increasing the amount of attorney fees that are presumed unreasonable, and making an appropriation.
Bill Summary:
Section 1 of the act increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks.
Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) for the replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures. The treating physician must deem such replacement necessary.
Section 3 allows an employee to request an expedited hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment.
Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment.
Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination.
Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs.
Current law states that, in an unappealed case, a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%.
For the 2023-24 state fiscal year, $731,640 is appropriated to the department of labor and employment from the from the workers' compensation cash fund for use by the division of workers' compensation in implementing the act.
APPROVED by Governor June 5, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)
Committees
Related Documents & Information
| Date | Version | Documents |
|---|---|---|
| 04/18/2023 | PA1 |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 23-1076 to the Committee of the Whole. | The motion passed on a vote of 4-3. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 23-1076 to the Committee on Appropriations. | The motion passed on a vote of 8-1. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment J.001 | The motion passed without objection. | Vote summary |
| Refer House Bill 23-1076, as amended, to the Committee of the Whole. | The motion passed on a vote of 6-4. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 23-1076 to the Committee on Appropriations. | The motion passed on a vote of 9-0. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 05/05/2023 | Third Reading | BILL |
26
AYE
9
NO
0
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/21/2023 | Third Reading | BILL |
45
AYE
17
NO
3
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 06/05/2023 | Governor | Governor Signed |
| 05/17/2023 | Governor | Sent to the Governor |
| 05/17/2023 | Senate | Signed by the President of the Senate |
| 05/17/2023 | House | Signed by the Speaker of the House |
| 05/05/2023 | Senate | Senate Third Reading Passed - No Amendments |
| 05/04/2023 | Senate | Senate Second Reading Special Order - Passed - No Amendments |
| 05/04/2023 | Senate | Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole |
| 05/02/2023 | Senate | Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations |
| 04/25/2023 | Senate | Introduced In Senate - Assigned to Business, Labor, & Technology |
| 04/21/2023 | House | House Third Reading Passed - No Amendments |
| 04/19/2023 | House | House Third Reading Laid Over Daily - No Amendments |
| 04/18/2023 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 04/18/2023 | House | House Committee on Appropriations Refer Amended to House Committee of the Whole |
| 02/02/2023 | House | House Committee on Business Affairs & Labor Refer Unamended to Appropriations |
| 01/19/2023 | House | Introduced In House - Assigned to Business Affairs & Labor |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 08/07/2023 | 370 | Workers' Compensation |