SB 373 - The act suspends workers' compensation benefits to incarcerated individuals and requires that employees must be entitled to legally work in the United States to receive benefits. Compensation shall not be payable from the Second Injury Fund when employees elect to pursue workers' compensation outside of the state.
Life payments paid out of the Second Injury Fund shall be suspended for employees who receive permanent total disability awards but by the use of glasses, prosthetic appliances, or physical rehabilitation are restored to regular work or its equivalent.
Life payments paid out of the Second Injury Fund shall be suspended for all injured employees when the employee is able to obtain suitable gainful employment or be self-employed in view of the nature and severity of the injury. Life payments paid out of the Second Injury Fund may be suspended for any injured employee when the employee becomes eligible to receive Social Security benefits attributable to the employee's injury. The combined sum of the amount of monthly payments from the fund and monthly Social Security benefits shall not be less than the life payments otherwise payable out of the fund.
The act requires the department to use money contained in the fund at the end of the previous fiscal instead of calendar year for calculating the annual surcharge.
Outstanding advances from the workers' compensation fund to the Second Injury Fund shall not exceed 33 1/3% of the total amount of the annual surcharge and reimbursements for advances shall be made within 5 years instead of within the year.
CHRIS HOGERTY