H.B. No. 0054

Workers' compensation amendments.

 

Sponsored By:     Joint Labor, Health and Social Services Interim Committee

 

AN ACT relating to the Wyoming Worker's Compensation Act;providing that the state's subrogation recovery be reduced for recovery fees and costs; authorizing elective coverage for corporate officers, limited liability company members, partners and sole proprietors as specified; revising the criteria for and distribution of employer premium credits; increasing dependent children's, death and permanent impairment benefits; providing a minimum and extending the duration of temporary total disability benefit; extending the maximum duration of vocational rehabilitation benefits; providing a time limit for the recovery of overpayments as specified; providing for redetermination in the case of missed deadlines as specified; providing an appropriation and authorizing additional positions to the office of administrative hearings; and providing for an effective date.

 

12/23/2008  Bill Number Assigned

1/13/2009   H Introduced and Referred to H10

1/13/2009   H Received for Introduction

1/21/2009   H10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Bonner, Davison, Esquibel, K., Goggles, Hallinan, Harvey, Landon, Millin and Shepperson

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/21/2009   H Rereferred to H02

1/29/2009   H02 Recommended Do Pass

 

ROLL CALL

Ayes:  Representative(s) Berger, Hammons, Harshman, Jorgensen, Pedersen, Philp and Steward

Ayes 7    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/29/2009   H Placed on General File

 

HB0054HS001/ADOPTED

Page 1-line 5           After "specified;" insert "revising the criteria for and distribution of employer premium credits;".

Page 2-line 6           After "(k)(iii)" insert "and by creating a new paragraph (iv)".

Page 2-line 7           After "27-14-511" insert ", 27-14-601(f)".

Page 4-line 16          After "proprietorship" insert "employing two (2) or more employees".

Page 5-line 8           After "division" insert ".".

Page 5-line 9           Strike "following the initial".

Page 5-line 10          Strike the line through "coverage.".

Page 5-line 14          After "or for" insert "the officers, members, partners and".

Page 6-line 17          After "employers" insert "qualified pursuant to paragraph (iii) of this subsection".

Page 7-line 23          After "statistics" insert ", or three percent (3%), whichever is less".

Page 8-line 16          After "but" insert "shall"; strike "to"; after "exceed" insert "the lesser of one hundred percent (100%) of the injured employee's actual monthly earnings at the time of the injury or".

Page 12-line 19         Delete "fifty (50)" insert "one hundred (100)".

Page 12-line 21         Delete "." insert ";".

Page 12-After line 21   Insert:

"(iv)  An injured worker otherwise qualified for temporary total disability payments shall be eligible to receive temporary total disability payments at the rate provided in this subsection if the employer has a contractual agreement with an out-of-state health care provider.".

Page 15-After line 6    Insert:

"27‑14‑601.  Payment or denial of claim by division; notice; objections; review and settlement of claims; filing fee; preauthorization of hospitalization or surgery.

(f)  A health care provider receiving payment erroneously under this act pursuant to a determination by the division following review and settlement under subsection (e) of this section or a decision by a hearing examiner is liable for repayment to the worker's compensation account.  Except in contested cases, the division may deduct the amount liable from future payments under this act limited to deduction of those mistaken payments made for services provided within twelve (12) months before the deduction.  If necessary, the division may recover repayment by civil action as provided in W.S. 27-14-511.".  LANDON, CHAIRMAN

 

2/3/2009    H Passed CoW

2/4/2009    H Passed 2nd Reading

 

HB0054H3001/FAILED

Page 2-line 6           Delete the standing committee amendment (HB0054HS001/A) to this line.

Page 12-line 21         Delete the standing committee amendment (HB0054HS001/A) to this line.

Page 12-After line 21   Delete the standing committee amendment (HB0054HS001/A) to this line.  HALLINAN

 

2/5/2009    H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 60    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/9/2009    S Received for Introduction

2/9/2009    S Introduced and Referred to S10

2/20/2009   S10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Hastert, Hunnicutt, Landen, Schiffer and Scott

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/20/2009   S Placed on General File

2/20/2009   S Rereferred to S02

2/25/2009   S02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Massie, Meier, Nicholas, Peterson and Townsend

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/25/2009   S Placed on General File

 

HB0054SS001/ADOPTED  (TO ENGROSSED COPY)

Page 7-line 19          Strike "an" insert "a post-secondary".

Page 7-line 20          Strike "post-secondary education institution" insert "four-year college, community college or private trade school licensed pursuant to W.S. 21-2-401 through 21-2-407 and providing career, technical or apprenticeship training".

Page 10-line 5          Delete "on the".

Page 10-line 6          Delete through "award".

Page 10-line 10         After "less." insert "The adjustment provided by this paragraph shall apply to all awards for permanent total disability benefits in effect on or after July 1, 2009 using as the base for calculation the award in effect on that date or the first award, whichever is later.  The adjustment shall become effective annually on July 1 and shall be applied to all awards for permanent total disability that were first made at least one (1) year before the effective date of the adjustment.".  SCOTT, CHAIRMAN

 

HB0054SS002/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 13          Delete "an appropriation" insert "appropriations;".

Page 1-line 14          Delete through "positions" insert "authorizing an additional position".

Page 1-line 15          After "hearings;" insert "requiring an investigation of an electronic filing and time management system for the office of administrative hearings as specified;".

Page 18-lines 1 through 16    Delete, insert and renumber:

"Section 2.  There is appropriated fifty-five thousand dollars ($55,000.00) from the worker's compensation account established by W.S. 27-14-701(a) and forty-five thousand dollars ($45,000.00) from the highway fund for one (1) full-time position which is authorized to the office of administrative hearings.  These appropriations shall be for the period beginning with the effective date of this act and ending June 30, 2010.  Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.  The position shall be included in the office's 2011-2012 standard biennial budget request and the funding shall be included in the department of employment's and department of transportation's standard biennial budgets.

Section 3.  There is appropriated twenty-seven thousand five hundred dollars ($27,500.00) from the worker's compensation account established by W.S. 27-14-701(a) and twenty-two thousand five hundred dollars ($22,500.00) from the highway fund for the cost of investigating the acquisition of a case management system capable of accepting and receiving electronic filings and which includes a time management system.  No part of this appropriation shall be expended until after the chief information officer has reviewed the proposed expenditure of these funds and the governor has determined the expenditure is appropriate.  This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.".

Page 18-line 18         Delete "3" insert "4".  NICHOLAS, CHAIRMAN

 

2/26/2009   S Passed CoW

 

HB0054S2001/ADOPTED  (TO ENGROSSED COPY)

Page 4-line 18          Delete "employing two (2) or more employees".  BEBOUT

 

2/27/2009   S Passed 2nd Reading

 

HB0054S3001/FAILED  (TO ENGROSSED COPY)

Page 7-line 22          Delete "twenty-five (25)" insert "twenty-two (22)".  PERKINS

 

HB0054S3002/FAILED  (TO ENGROSSED COPY)

Page 1-line 2           Delete.

Page 1-line 3           Delete through "costs;".

Page 2-line 4           Delete "27-14-105(a),".

Page 3-lines 9 through 24     Delete.

Page 4-lines 1 through 10     Delete.  SCOTT

 

3/2/2009    S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Ayes 30    Nays 0    Excused 0    Absent 0    Conflicts 0

 

3/2/2009    H Received for Concurrence

3/3/2009    H Did Concur

 

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, McKim, McOmie, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Simpson, Steward, Thompson, Throne and Wallis

Nays:  Representative(s) Brechtel, Edmonds, Esquibel, K., Madden, Mercer, Shepperson, Stubson, Teeters, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 50    Nays 10    Excused 0    Absent 0    Conflicts 0

 

3/3/2009    Assigned Number HEA No. 0092

3/3/2009    H Speaker Signed HEA No. 0092

3/4/2009    S President Signed HEA No. 0092

3/5/2009    Governor Signed HEA No. 0092

 

Chapter No. 0156  Session Laws of Wyoming 2009.