SB 505 - This act creates a new provision of workers' compensation law providing for the dismissal of claims by an employer. Specifically, within 90 days of the filing of a workers' compensation claim, if the matter has not already been set for a hearing, the employer may file a motion to dismiss the matter. The employer may file the motion to dismiss to specifically raise one or more of the following arguments: • That the employee did not notify the employer or file the claim in a timely manner;
• That the employee was not employed by or acting within the scope of their employment for the employer at the time when the alleged accident occurred; or
• That the employer is not liable due to the employee's intoxication from use of alcohol or controlled substances.
Following the filing of a motion to dismiss, the Division of Workers' Compensation shall set a date for a hearing, but no later than six months following the filing of the motion to dismiss, which shall be held as soon as practicable, and shall notify the interested parties of the time and place of the hearing. If the Division determines that, by a preponderance of the evidence, the employer has established that the matter should be dismissed for one or more of the arguments made in its motion to dismiss, the Division shall issue an order within 30 days dismissing the claim. Such dismissal shall be subject to review and appeal. If the motion to dismiss is denied, the issues raised in the motion to dismiss and ruled upon in the order following the hearing shall be conclusively adjudicated and shall not be relitigated at a subsequent temporary, partial, hardship or final hearing.
SCOTT SVAGERA