HB 497 Modifies provisions relating to workers' compensation

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 497 - This act modifies provisions relating to workers' compensation.

The act modifies the definition of "injury" to provide that an injury is compensable only if the accident was the prevailing factor in causing the injury, the resulting medical condition, the disability, and the need for treatment in order for injury to be compensable. Furthermore, the term "prevailing factor" is modified to mean the primary factor, in relation to any other factor, causing the injury, the resulting medical condition, and disability. Similar modifications are made to provisions relating to occupational diseases.

For an employee to receive medical, surgical, chiropractic, and hospital treatment for an injury or disability under workers' compensation law, the accident or occupational disease must be the prevailing factor in causing the injury, the resulting medical condition and the need for treatment.

The act extends the Line of Duty Compensation Act to June 30, 2037. This provision contains an emergency clause. This provision is identical to a provision in HB 72 (2025) and HB 1584 (2025) and similar to a provision in HCS/SS#2/SCS/SB 10 (2025), a provision in the truly agreed to HCS/SS/SCS/SB 71 (2025), a provision in the truly agreed to CCS/HCS/SS/SCS/SBs 81 & 174 (2025), a provision in SB 143 (2025), a provision in HCS/SB 189 (2025), a provision in SCS/SB 669 (2025), a provision in SCS/HCS/HB 87 (2025), a provision in the truly agreed to SS/SCS/HB 225 (2025), HB 365 (2025), a provision in SCS/HCS/HBs 971, 293, & 978 (2025)

The act requires consideration of any savings or insurance of the injured employee from governmental or private sources, benefits derived from the employer's insurance, and any savings or insurance procured or sponsored by the employer, when determining compensation as specified in the act.

Administrative law judges (ALJs) or the Labor and Industrial Relations Commission (LIRC) are given authority to order employers to make payments only to the medical provider or providers to whom bills are due in cases where they determine the employer is responsible for disputed medical bills.

The act authorizes an employer to file a motion to dismiss a claim for compensation within 180 days of filing a claim, if the Division of Workers' Compensation has not already set the matter for a prehearing conference, mediation conference, or hearing. The employer may file a motion to dismiss the claim raising one or more grounds provided in the act. The employer may file the motion to dismiss to specifically raise one or more arguments described in the act. This provision is similar to SB 505 (2025).

Under current law, a temporary or partial award of compensation can be modified and kept open until a final award can be issued and if the temporary or partial award is not complied with, the compensation amount awarded and unpaid can be doubled in the final award. This bill repeals this penalty language and specifies that the temporary or partial award is subject to review and appeal after the date of the final award.

SCOTT SVAGERA


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