HB 0321 | Modifies various provisions of the workers' compensation law |
HS/HCS/HB 321 - This act revises the workers' compensation
law. The act modifies the definition of "accident". It states
that an injury or occupational disease be compensable only if an
accident or occupational exposure was the dominant factor in
causing the condition or disability. The act limits benefits for
pre-existing conditions in cases where a work-related injury
causes increased permanent disability and reduces compensation by
the amount of permanent partial disability that was pre-existing.
The act exempts from coverage personal health conditions that
manifest themselves at work when an accident is not the dominant
factor in the need for medical treatment and injuries from
unknown causes. Deterioration from normal activities of day-to-
day living is not compensable. Requires members of the Labor and
Industrial Relations Board to be confirmed by the Senate. It
increases the penalty when violation of drug and alcohol rules is
involved, by reducing benefits by 50 percent it also requires
that intoxication at or above the legal blood level be
conclusively presumed to be the proximate cause of injury. The
act requires employees on disability to submit to examinations at
the request of the state if there is a second injury claim.
Requires that voluntary settlements be approved unless they are
manifestly unjust Requires administrative law judges to receive
the advice and consent of the Senate and limits appointed terms
to four years. The act requires an audit of the Division of
Workers' Compensation when the maximum tax rate for the Workers'
Compensation Fund or the Second Injury Fund fails to meet the
expenses of the previous year. The act states that if the
surcharge for the Second Injury Fund is not calculated by October
31 of a given year, then the new rate cannot go into effect less
than 60 days from the determination. The act allows an employee
to opt out of workers' compensation for religious reasons, but he
or she must sign a waiver agreeing not to take future civil
actions against the employee. Finally, the act adds certified
peace officers to the list of those for whom certain diseases
caused by exposure to smoke, gases, carcinogens, inadequate
oxygen, and psychological stress are recognized as occupational
diseases.
RICHARD MOORE