HB0256 - Workers' compensation-reopening of cases.

 

2001

State of Wyoming

01LSO-0572

 

 

 

HOUSE BILL NO.  HB0256

 

 

Workers' compensation-reopening of cases.

 

Sponsored by:  Representative(s) Landon

 

 

A BILL

 

for

 

 1  AN ACT relating to workers' compensation; providing for the
 2  closure of workers' compensation cases as specified;
 3  providing for the reopening of cases as specified; imposing
 4  limits; providing a definition; specifying legislative
 5  intent; and providing for an effective date.

 6 

 7  Be It Enacted by the Legislature of the State of Wyoming:

 8 

 9         Section 1.  W.S. 27-14-605 is repealed and recreated
10  as W.S. 27-14-605 to read:

11 

12         27-14-605.  Case closure; reopening; benefit limits.

13 

14         (a)  A case under this act shall remain open for the
15  payment of medical benefits until the employee attains a
16  status of maximum medical improvement, after which the case

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 1  shall be presumed closed for the payment of medical
 2  benefits.

 3 

 4         (b)  Except as provided for in subsection (d) of this
 5  section, a case under this act shall remain open for the
 6  payment of nonmedical benefits until, and be presumed
 7  closed for the payment of nonmedical benefits after, the
 8  later of:

 9 

10              (i)  Three (3) years after the initial report of
11  injury to the division; or

12 

13              (ii)  The last scheduled payment of benefits for
14  permanent impairment, permanent disability or death.

15 

16         (c)  A case that is presumed closed pursuant to
17  subsection (a) or (b) of this section shall not be reopened
18  for payment of further benefits unless the employee, within
19  three (3) years of the closure of the case, files a written
20  notice of reapplication for benefits with the division. An
21  employee reapplying for benefits shall rebut the
22  presumption of closure by clear and convincing evidence
23  that the work injury is the sole cause of the current
24  symptoms. An employee reapplying for benefits shall submit

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 1  to an examination by a health care provider selected by the
 2  division. The employee may receive benefits if the results
 3  of the examination validate the claim for benefits.

 4 

 5         (d)  If a case is reopened pursuant to subsection (c)
 6  of this section:

 7 

 8              (i)  An award of medical benefits shall not be
 9  made for medical expenses incurred more than thirty (30)
10  days before the date of reapplication;

11 

12              (ii)  An award of nonmedical benefits shall not
13  commence more than thirty (30) days before the date of
14  reapplication.

15 

16         (e)  This section is the exclusive means by which an
17  employee may obtain benefits after his case is presumed
18  closed pursuant to subsections (a) through (c) of this
19  section.

20 

21         (f)  A case may be reopened only one (1) time. A case
22  that has been reopened pursuant to this subsection shall be
23  permanently closed three (3) years after the employee files

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 1  his written notice of reapplication for benefits with the
 2  division.

 3 

 4         Section 2.  W.S. 27-14-102(a) by creating a new
 5  paragraph (xxviii) is amended to read:

 6 

 7         27-14-102.  Definitions.

 8 

 9         (a)  As used in this act:

10 

11              (xxviii)  "Maximum medical improvement" means
12  that point in time when further medical intervention is not
13  reasonably expected to improve the employee's condition.

14 

15         Section 3.  It is the specific intent of the
16  legislature that the common law "second compensable injury"
17  rule shall not apply to benefits awarded under the Wyoming
18  Worker's Compensation Act and that the Wyoming Worker's
19  Compensation Act provides the exclusive means of
20  compensating injured workers covered by that act.

21 

22         Section 4.  This act is effective July 1, 2001.

23 

24                         (END)

 

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