Changes to Workman’s Comp

In order to receive reimbursement for medical care SB 1520 requires magnetic resonance imaging (MRI) to be provided by an entity that meets Medicare requirements for the payment of MRI services or is accredited by the American College of Radiology, the Intersocietal Accreditation Commission or the Joint Commission on Accreditation of Healthcare Organizations.

Furthermore, the measure requires a person receiving total permanent disability benefits from an employer to file an affidavit with the Workers’ Compensation Court stating that the person is not currently nor capable of being gainfully employed and there has been no change in income within the one year after receipt of the first benefit payment. Failure to file the affidavit will result notation on permanent record of the case for benefits, suspension of benefits and create a rebuttable presumption for the termination of benefits until the person proves to not be employed or capable of employment and there has been no change of income.

Additionally, the measure limits the liability of a state or political subdivision employer who violates sections of the Workers’ Compensation Act to the amounts set forth in the Governmental Tort Claims Act.

According to the Governmental Tort Claims Act:

The total liability of the state and its political subdivisions on claims within the scope of this Act shall not exceed:

·         Twenty-five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident, or occurrence;

·         One Hundred Twenty-five Thousand Dollars ($125,000.00) to any claimant for a claim for any other loss arising out of a single act, accident, or occurrence.

·         The limit of liability for the state or any city or county with a population of three hundred thousand (300,000) or more according to the latest federal Decennial Census shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00); or

·         One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident.

The Workers' Compensation Court shall include a statement on all forms for notices and instructions to employers and employees informing employees that they shall promptly comply with the requirements of this bill.

The bill passed the Senate by a 42 to 1 vote and passed the House Judiciary Committee today.