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Workers' Compensation
SB 1414(1)
(Henry and Irvin): Requires the Administrator of the Workers' Compensation
Court together with a newly created Medical Cost Reduction Committee
to reduce medical costs to the workers' compensation system by five
percent (5%) by September 1, 2000. Medical costs may not thereafter
increase more than the Consumer Price Index for medical services. The
bill requires the State Insurance Fund to declare the largest dividend
in the Fund's history. The dividend will return approximately $30 million
to policyholders. Dividends to state agencies (approximately $6.6 million)
will be deposited in the Multiple Injury Trust Fund (MITF). Future dividend
is also required if the ratio of premium-to-surplus exceeds 1:2. Future
dividends payable to state agencies will be deposited in the General
Revenue Fund instead of being returned to the agency. The bill also
clarifies the law which allows state agencies to purchase workers' compensation
insurance from private carriers if certain procedures and requirements
are met. The Administrator is also given tools for limiting improper
access to records of the Workers' Compensation Court in violation of
state and federal law. The MITF is phased out over a period of time
and all past-due obligations of the Fund are to be paid. These payments
are derived from an assessment against insurance companies, self-insured
employers, and the State Insurance Fund. Benefits to injured workers
will increase by 4% as a result of this revised funding formula. Effective
upon signature.
SB 1606(5) (Pruitt/Morgan):
Replaces the current Workers' Compensation Court system with an administrative
system. Replaces judges with magistrates who will hear and decide matters
that are not resolved by certified facilitators. Current judges will
serve as magistrates until their terms expire; thereafter, magistrates
will be appointed by the Governor from a list of nominees provided by
the Workers' Compensation Nominating Committee. The Governor will also
appoint the Administrator of the system from a list of nominees.
Beginning September 1, 2000, resolution
of disputes involving compensation or benefits will be commenced with
the filing of a Request For Assistance Form with the Administrator.
Parties who have filed claims previous to this date may opt in to the
new system. The Administrator will instruct the parties involved in
the dispute to select a certified facilitator who will meet with the
parties to resolve the dispute. Unresolved disputes, and disputes in
which the employer denies that the claim is compensable or the claim
is based on occupational disease will be referred directly to a magistrate
for hearing. Venue will be in the judicial district where the employee
resides at the time of the injury or the county in which the principal
place of business is located if the employee had not established residence
at the time of injury.
The bill caps attorney fees and modifies
the procedure for resolving differences in impairment ratings. The bill
also transfers regulation of self-insureds to the Insurance Commissioner.
Effective 9-1-00
HB 2395(1)
(Hastings/Henry): Authorizes the State Insurance Fund to advance funds
until July 1, 2000, to the Multiple Injury Trust Fund for payment of
permanent total disability workers' compensation awards. Provides for
an administrative fee that may be received by the State Insurance Fund
until it is repaid. Requires transfer of funds from state agency policyholders
to the State Insurance Fund in an amount not to exceed the amount advanced
to the Multiple Injury Trust Fund by the State Insurance Fund if on
or after July 1, 2000, there are outstanding advances and the projected
revenues of the Multiple Injury Trust Fund are insufficient to pay the
PTD awards as they become due. Requires future dividends made by the
State Insurance Fund on behalf of state agencies to be deposited to
the credit of the General Revenue Fund of the State Treasury. Effective
3-22-00.
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