2011 Workers Compensation Legislation

A total of 713 workers compensation bills were introduced during the 2011 legislative session, including bills in all 50 states, the District of Columbia and Puerto Rico. Laws were enacted in 39 states, D.C. and Puerto Rico.  Below is a summary of enacted legislation, followed by a listing of all workers compensation bills introduced during the 2011 session.

Summary of Enacted Legislation 

Arizona passed five bills, dealing with occupational disease coverage for first responders and corrections workers, use of controlled substances, settlement of claims and reasonable accommodation for workers to return to work.

Arkansas passed one bill requiring licensed contractors to provide proof of coverage of workers compensation insurance.

California passed 13 bills, five of which were vetoed by the Governor. Signed bills included provisions related to notice of injuries, prescriptions, occupational diseases, fee schedules, workers compensation courts, coverage for training participants, liens, and technical changes to the State Compensation Insurance Fund.

Colorado passed two bills, one regarding the state private fund and the other regarding liability for medical claims beyond maximum benefits.

Connecticut passed two bills; the first requires workers compensation coverage for probate judges and the second regards liens and second injury funds.

Delaware passed a bill regarding use of out-of-state treatment facilities.

The District of Columbia passed four measures dealing with required income information from claimants and correcting an erroneous 2010 amendment.

Florida passed four bills, including legislation on state reciprocity on claims, electronic payment of claims, electronic filling of court and legal documents, and immunity of a private state medical school for workers compensation claims.

Georgia passed two bills, including indemnity for death or disability benefits for state workers and coordination of insurance coverage under group accident and health plans.

Hawaii passed one bill excluding members of a limited liability company, with more than 50% ownership rights, from the definition of employee for workers compensation purposes.

Idaho passed one bill dealing with how workers compensation payments are calculated.

Illinois passed four bills, including changes in coverage for police and firefighters in cities with a population of more than 500,000, setting up a preferred provider plan and network, increasing the standard of proof for employees to show their injuries were work-related, and limiting benefits for employees whose job-related injuries were incurred during the commission of a felony. The legislature also passed a resolution calling for the state to comply with an Attorney General opinion regarding release of workers compensation claim information from a state corrections facility.

Indiana enacted two bills. The first was regarding workers compensation claims arising out of emergency responses under mutual aid agreements and the second regarding major reforms to the workers compensation process, fees and benefits.

Kansas passed two measures, including a bill that would disallow workers compensation benefits if an employee disregarded proper safety protections, acted recklessly or intentionally, was injured during a fight or horseplay, or was injured while under the influence of illegal drugs or alcohol. The same bill also addressed prior claims and preexisting impairments. The second bill addressed workers compensation fraud.

Maine passed five bills, including measures on qualifications of independent medical examiners, adoption of medical fee schedules, requiring repayment of improperly paid workers compensation benefits, coverage for independent contractors and contractor coverage on public works projects.

Maryland enacted nine bills, one of which was vetoed. Signed measures include occupational disease coverage; calculation of death benefits; and issues related to the authority, jurisdiction and venue for the Workers Compensation Commission.

Michigan’s Governor issued an Executive Order creating the Michigan Compensation Appellate Commission, combining duties of predecessor Commission and the Michigan Employment Security Board of Review.

Minnesota passed a law requiring that workers compensation hearings be conducted by workers compensation court judges.

Missouri enacted a law on occupational disease coverage for firefighters.

Montana passed eight bills, all of which were signed into law. The bills include measures on the use of medical marijuana by employees, claims and benefits, settlements and lump-sum payments, coverage for volunteer firefighters and emergency medical technicians, coverage for independent contracts and temporary farm workers.

Nebraska passed three bills, addressing the authority and jurisdiction of the Nebraska Workers Compensation Court and providing for a trauma hospital fee schedule.

Nevada enacted seven bills. Measures included requiring more frequent physicals for firefighters for occupational disease coverage, limiting immunity for injuries incurred in training exercises, catastrophic injuries and rehabilitation, imposing misdemeanor penalties for employers who withhold material information related to claims, providing for reimbursement to the state by uninsured employers for claims paid to injured workers, and the use of third party claims administrators.

New Hampshire enacted a Return to Work program.

New Mexico passed a bill on the qualifications of workers compensation judges.

New York enacted a law providing for continued reimbursement of claims to hospitals.

North Carolina passed a bill capping benefits for total disability and setting a maximum time limit for collection of benefits.

North Dakota passed eight bills, all of which were signed into law. Measures included vocational rehabilitation and reeducation to promote transition back into the workforce, payment of benefits past the normal retirement age, benefits for permanent partial disability, payment for modification of structures and vehicles in cases of catastrophic injuries, coverage for National Guard members on active duty within the state, limits for willful or negligent causation, requirement of background checks and availability of legal representation.

Ohio passed two bills; the first dealt with workers compensation fraud and the second allows certain public employers to become self-insuring.

Oklahoma passed a law on medical treatment payment rates but the law was vetoed by the Governor.

Oregon passed six bills that provide for managed care services, address closure of claims, add podiatrists to workers compensation physicians, mandate coverage for county employees involved in search and rescue, limit child support deductions from workers compensation benefits, and provide for direct payment of bills from settlements.

Pennsylvania passed three bills, including a bill to allow insurers and the state fund to offer policies to sole proprietors, limited liability companies, and partnerships. Other enactments addressed occupational disease coverage for firefighters and appropriations for various state funds related to workers compensation.

Puerto Rico passed three bills, adding chiropractic services, limiting medical malpractice suits for claims paid under the state insurance fund, and granting authority to establish programs for injured workers.

Rhode Island passed a law requiring release of the medical records of present or former inmates, if needed for a worker’s compensation case.

Tennessee enacted five bills. The first bill addressed highway transportation worker deaths and injuries in construction zones. Other bills included coordination of workers compensation benefits for temporary disability and unemployment benefits, coverage for operators of leased common carrier vehicles, coverage for commercial construction projects, and changes in the standard of proof where drugs or alcohol are suspected of being the proximate cause of injury or death.

Texas passed nine bills, including continuation of the injured state employee office, as well as bills dealing with process and procedures, defenses, dispute resolution, data collection, pharmaceutical discounts, and overpayments.

Utah passed three measures, dealing with prescriptions for controlled substances, coverage for construction businesses, and benefits for volunteer search and rescue workers.

Vermont enacted a law providing for vocational rehabilitation plans and increasing penalties for failure to secure workers compensation insurance.

Virginia passed 14 bills, all of which were signed into law. Measures include allowing for electronic transmission of documents, coordination of retirement and workers compensation benefits, presumption of work related injuries or diseases, neurological injuries, exemptions from coverage for small farms, modifications of home and auto for injured worker accommodation, police line-of-duty injuries, agreements under the Criminal Injuries Compensation Fund, and evidentiary standards.

Washington passed four laws, including administrative efficiencies, vocational rehabilitation, establishment of a health care provider network, and creation of a stay-at-work program.

West Virginia enacted three laws, including provision of workers compensation coverage to state government entities, prison industries and volunteer fire departments.

Wyoming passed two bills, including coverage for volunteers working on state park projects and definition of private health and disability insurance plans.

2011 Workers Compensation Legislation

A-C | D-H| I-L|M| N|O-R| S-U|V-W
STATES
BILL SUMMARY
Alabama
AL H 112    Johnson (R)
Title:    Peace Officer Death or Disability Benefits
Status:    Failed - Adjourned
Summary:    Relates to the eligibility for death or disability benefits of certain municipal policemen and state law enforcement officers; provides for the definition of law enforcement officer to include any law enforcement officer in this state and to further define occupational disease.

AL H 600    Laird (D)
Title:    Volunteer Fire Departments and Rescue Squads
Status:    Failed - Adjourned
Summary:    Relates to volunteer fire departments and volunteer rescue squads, or combination departments; provides for the regulation by the Commissioner of Insurance of the maximum annual payroll per fire fighter or rescue squad member for the purpose of workers' compensation rates.

AL S 63    Allen Ge (R)
Title:    Certified Volunteer Fire Departments
Status:    Failed - Adjourned
Summary:    Relates to certified volunteer fire departments; allows two or more volunteer fire departments certified by the Alabama Forestry Commission to enter into contracts or agreements to establish a workers' compensation pool for payment of workers' compensation claims; allows the Department of Industrial Relations by rule to adopt requirements for the administration of a workers' compensation pool including separation or commingling of funds.
Alaska
AK H 232    Stoltze (R)
Title:    Workers Compensation for Firefighters
Status:    Pending - Carryover
Summary:    Amends the medical examination requirements for firefighters entitled to a presumption of compensability for a disability resulting from certain diseases.

AK S 103    Senate Judiciary Committee
Title:    Workers Compensation for Firefighters
Status:    Pending - Carryover
Summary:    Amends the medical examination requirements for firefighters entitled to a presumption of compensability for a disability resulting from certain diseases.

AK S 116    Senate Labor and Commerce Committee
Title:    Workers Compensation Collective Bargaining
Status:    Pending - Carryover
Summary:    Offers mediation of disputed workers' compensation claims by a hearing officer or other classified employee of the division of workers' compensation and allowing collective bargaining agreements to supersede certain provisions of the Alaska Workers' Compensation Act; provides for an effective date.
Arizona
AZ H 2476    Gowan (R)
Title:    Workers Compensation Claims
Status:    Enacted 04/28/2011
Summary:    Relates to workers' compensation; relates to firefighters, law enforcement officers, corrections officers, probation officers, emergency medical technicians and paramedics who are not employed by a health care institution; provides that a claim for a condition, infection, disease or disability involving methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis shall include the occurrence of a significant exposure.

AZ H 2584    Burges (R)
Title:    Workers Compensation and Directed Care
Status:    Enacted 04/13/2011
Summary:    Relates to workers' compensation; allows a city with a specified population and a self-insured county insurance pool to provide medical, surgical and hospital benefits for workers' compensation; provides a pilot program to determine whether public sector entities that are self-insured can, through a directed care and medical management program, contain costs and improve health care and return to work results for injured employees.

AZ H 2616    McLain (R)
Title:    Workers Compensation and Controlled Substances
Status:    Enacted 04/29/2011
Summary:    Relates to payment of workers' compensation and use of controlled substances; provides that upon request a physician shall include in a required report the use of a narcotic or opium based controlled substance in excess of a specified dose per day; provides that the employer, carrier or commission may request a change of physician; relates to treatment plans, off-label use and prior awards of medical maintenance benefits.

AZ H 2617    McLain (R)
Title:    Workers Compensation Supportive Medical Maintenance
Status:    Enacted 04/18/2011
Summary:    Relates to workers' compensation; provides that the parties to a claim may settle a claim for compensation, benefits, penalties or interest; requires approval of settlement agreements by the commission; provides for final settlements and release of claim for undisputed entitlement to supportive medical maintenance benefits after a period of temporary disability is terminated; requires the employer or carrier to inform the attending physician of a settlement agreement terminates maintenance benefits.

AZ S 1264    McComish (R)
Title:    Workers Compensation and Reasonable Accommodation
Status:    Enacted 04/29/2011
Summary:    Relates to workers' compensation; provides that if an employer has made reasonable accommodations pursuant to the Americans With Disabilities Act, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified job is not available in the open competitive labor market; requires a report requiring an insurer or self-insurer to deem that the condition arose out of the employment.
Arkansas
AR H 1432    Baker T (D)
Title:    Workers Compensation for Certain Municipal Employees
Status:    Failed - Adjourned
Summary:    Concerns workers' compensation for certain municipal employees.

AR H 1823    Nickels (D)
Title:    Workers Compensation Cases
Status:    Failed - Adjourned
Summary:    Regulates fee awards for legal services in workers' compensation cases.

AR H 1830    McLean (D)
Title:    Chiropractic Workers Compensation
Status:    Failed - Adjourned
Summary:    Restores workers compensation concession for chiropractic to the previous level.

AR H 1991    Bell (R)
Title:    Residential Building Contractors Committee
Status:    Enacted 04/05/2011
Summary:    Amends the name of the Residential Building Contractors Committee; requires the licensure of home improvement contractors; provides for examination requirements, civil penalties, exemptions from licensing requirements, workers' compensation requirements, and prohibitions against actions to enforce contracts that are in violation of specified requirements.

AR H 2133    Powers (D)
Title:    Independent Contractor Trucking Company
Status:    Failed - Adjourned
Summary:    Defines the relationship of an independent contractor with a trucking company that he or she may have a lease agreement; ensures that the independent contractor has access to workers' compensation coverage if so desired.

AR H 2152    Nickels (D)
Title:    Workers Compensation Claimants
Status:    Failed - Adjourned
Summary:    Provides protection to workers' compensation claimants against retaliatory discrimination.

AR H 2212    Powers (D)
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Regulates motor carriers in relation to workers' compensation laws.

AR S 293    Jeffress J (D)
Title:    Firefighters and Cancer
Status:    Failed - Adjourned
Summary:    Creates a presumption that firefighters who develop certain forms of cancer developed those cancers through their work as firefighters.

AR S 727    Madison (D)
Title:    Mental Injury Compensability
Status:    Failed - Adjourned
Summary:    Provides for the compensability of mental injury or illness for emergency responders; amends a portion of the Arkansas code which resulted from initiated act 4 of 1948.
California
CA A 211    Cedillo (D)
Title:    Workers' Compensation: Disability Benefits
Status:    Vetoed 10/07/2011
Summary:    Amends provisions of existing law regarding a workers' compensation system to compensate an employee for injuries sustained in the course of his or her employment that cause permanent partial disability to apply to injuries occurring on or after a specified date and before a specified date. Provides, for injuries that cause permanent partial disability on or after a specified date, for a supplemental job displacement benefit voucher to cover reeducation and skill enhancement. Exempts certain employers.

CA A 335    Solorio (D)
Title:    Workers' Compensation: Notices
Status:    Enacted 10/07/2011
Summary:    Amends existing law requiring that specified notices be provided to injured employees. Requires the Administrative Director of the Division of Workers' Compensation to prescribe reasonable rules and regulations for serving certain notices on an employee and to make such rules and regulations accessible on the Department of Industrial Relations Internet Web site. Requires informational material written in plain language describing the overall workers' compensation claims process to be made available.

CA A 375    Skinner (D)
Title:    Workers' Compensation: Hospital Employees: Presumption
Status:    Failed
Summary:    Relates to the workers' compensation system. Provides, with respect to hospital employees who provide direct patient care in an acute care hospital, that the term injury includes a bloodborne infectious disease or methicillin-resistant Staphylococcus aureus that develops or manifests itself during the period of the person's employment with the hospital. Creates a disputable presumption that the above injury arises out of and in the course of the person's employment if specified conditions exist.

CA A 378    Solorio (D)
Title:    Workers' Compensation: Pharmacy Products
Status:    Enacted 10/07/2011
Summary:    Amends existing law that establishes the Workers' Compensation System. Adds pharmacy goods to the list of medical goods or services for which it is unlawful for a physician to refer a person for specified medical goods or services. Relates to the billing of any compounded drug product. Sets the maximum reimbursement for a dangerous drug, dangerous device, or other pharmacy goods. Relates provisions governing physician-dispensed pharmacy goods. Relates to the maximum pharmacy and drug fees.

CA A 584    Fong (D)
Title:    Workers' Compensation: Utilization Review
Status:    Vetoed 10/07/2011
Summary:    Amends existing workers' compensation law that generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Requires a related psychologist and a related physician to be licensed by state law. Provides that a claim for state disability benefits may also be supported by a defined health professional.

CA A 585    Fong (D)
Title:    Workers' Compensation: Cancer Presumption
Status:    Enacted 10/07/2011
Summary:    Amends workers' compensation provisions that provides, in the case of active firefighting members of certain fire departments, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter demonstrates that he or she is exposed, while in the service of the public agency, to a known carcinogen, and establishes a work related presumption. Extends the presumption to members of a department serving a NASA installation who adhere to specified training.

CA A 947    Solorio (D)
Title:    Workers' Compensation: Temporary Disability Payments
Status:    Vetoed 10/07/2011
Summary:    Amends workers' compensation law relating to temporary disability payments. Adds an injury or condition on or after a specified date where surgery or recovery from surgery occurs after a specified time period of temporary disability benefits have been paid, provided that specified conditions are met, to the injuries and conditions for which aggregate disability payments for a single injury causing temporary disability are prohibited from extending for more than a specified time period.

CA A 1155    Alejo (D)
Title:    Workers' Compensation
Status:    Vetoed 10/07/2011
Summary:    States the intent of the Legislature to prohibit the use of risk factors and specified characteristics to deny an injured worker his or her rightful benefit when disabled in the workplace, and the apportionment of risk factors and characteristics without prohibiting the apportionment of documentable pre-existing non-industrial causes of disability or holding an employer liable for disability not caused by an injury in the course of employment. Prohibits consideration of specified personal characteristics.

CA A 1168    Pan (D)
Title:    Workers' Compensation: Vocational Expert Fee Schedule
Status:    Enacted 10/07/2011
Summary:    Requires the Administrative Director of the Division of Workers' Compensation to adopt, after public hearings, a fee schedule that establishes reasonable hourly fees paid for services provided by vocational experts. Prohibits a vocational expert from being paid, and prohibits the appeals board from allowing, vocational expert fees in excess of those that are reasonable, actual, and necessary.

CA A 1426    Solorio (D)
Title:    Workers' Compensation: Court Administrator
Status:    Enacted 10/07/2011
Summary:    Amends existing law that created the position of court administrator with respect to the workers' compensation adjudicatory process at the trial level. Removes the position of court administrator and distributes the duties to the Workers' Compensation Appeals Board and the Administrative Director of the Division of Workers' Compensation. Makes other technical and conforming changes.

CA A 1427    Assembly Insurance Committee
Title:    Worker's Compensation Insurance: Fraud
Status:    Pending - Carryover
Summary:    Makes technical, nonsubstantive changes to existing law governing the content and scope of workers' liability insurance policies and authorizes an insurer to issue limited workers' compensation policies, subject to prior approval as to form and substance by the Insurance Commissioner. Repeals provisions of existing law requiring the evaluation of the effectiveness of various entities to identify, investigate, and prosecute workers' compensation fraud and failure to secure payment of workers' compensation.

CA S 43    Liu (D)
Title:    CalFresh Employment and Training Program
Status:    Enacted 10/06/2011
Summary:    Requires a county that elects to participate in the Food Stamp Employment and Training Program to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, that program. Authorizes a CalFresh work registrant who is deferred, to request voluntary participation. Requires a county to demonstrate effective use of program funds. Provides a county is not required to provide workers' compensation for a program participant.

CA S 127    Emmerson (R)
Title:    Official Medical Fee Schedule: Physician Services
Status:    Vetoed 10/09/2011
Summary:    Requires the Administrative Director of the Division of Workers' Compensation, in order to keep the fee schedule for physician services appropriately updated, to annually adopt the Current Procedural Terminology codes, descriptors, and modifiers published by the American Medical Association.

CA S 351    LaMalfa (R)
Title:    Workers' Compensation: Fatal Accidents
Status:    Pending - Carryover
Summary:    Amends the Workers' Compensation Law that states when benefits are due to a deceased employee and the employee has no one surviving to whom the benefit should be paid, the compensation is required to be paid to the Department of Industrial Relations for reimbursement of other injury claims. Prohibits the department from seeking payment of an amount owed pursuant to this provision by obtaining a lien on writ of execution relating to a judgment obtained by a member of the immediate family.

CA S 407    Cannella (R)
Title:    Jail Inmates: Workers' Compensation
Status:    Pending - Carryover
Summary:    Provides that each inmate of a city, county, or city and county that provides workers' compensation benefits for an inmate of a jail, is entitled to workers' compensation benefits for injuries arising out of, and in the course of, assigned employment, and for the death of the inmate if the injury proximately causes the death.

CA S 457    Calderon R (D)
Title:    Workers' Compensation: Liens
Status:    Enacted 10/07/2011
Summary:    Requires the Workers' Compensation Appeals Board to determine, on the basis of liens filed, reimbursement for benefits paid or services provided by a self-insured employee welfare benefit plan notwithstanding the official medical fee schedule when an award is made for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment.

CA S 712    Senate Insurance Committee
Title:    Insurance
Status:    Enacted 10/02/2011
Summary:    Makes technical, nonsubstantive changes to provisions regarding the State Compensation Insurance Fund, workers' compensation insurance, domestic fraternal benefit societies, title insurer deposits, long-term care insurer records, and unfair and deceptive acts or practices in the insurance business. Relates to workers' compensation claims bonds, the State Life and Health Insurance Guarantee Association, and property and casualty insurer statement of actuarial opinion and supporting materials.

CA S 863    Lieu (D)
Title:    Workers' Compensation: Liens
Status:    Pending - Carryover
Summary:    Relates to authority to order medical liens without a request for the lien having been made. Prohibits a lien claim from being filed after 3 years or more than 18 months after the date the services were provided. Provides that for a claim allowable as a lien in favor of EDD, the claim is a lien against any amount thereafter payable as temporary or permanent disability compensation. Authorizes a workers compensation or health insurer to file a lien claim for medical expenses within 6 months.

CA S 896    De Leon (D)
Title:    Workers' Compensation: Spine Surgeries
Status:    Pending - Carryover
Summary:    Relates to the workers' compensation system. Requires that specified spine surgeries be reimbursed in accordance with the prescribed formula, but, unless the case qualifies for outlier reimbursement, these provisions would cap the total payment to the provider at 2 times the applicable rate.

CA S 923    Lieu (D)
Title:    Workers' Compensation: Medical Fee: Physician Services
Status:    Pending - Carryover
Summary:    Requires the Administrative Director of the Division of Workers' Compensation to adopt an official medical fee schedule for physician services based on the resource-based relative value scale. Authorizes the Director to revise the official medical fee schedule for physician services. Deletes obsolete provisions relating to the adoption of a medical fee schedule for inpatient facility fees for burn cases. Requires the initial fee schedule to use a conversion factor or factors that will not increase costs.
Colorado
CO H 1041    Riesberg (D)
Title:    Insurance Guaranty Association
Status:    Enacted 03/11/2011
Summary:    Concerns the Colorado insurance guaranty association; excludes from the definition of a covered claim all claims for incurred but unreported losses; makes all amounts recoverable under any insurance policy a setoff against the amounts recoverable from the association; relates to an order of liquidation with a finding of insolvency; provide that the association shall pay the full amount of any workers' compensation covered claims; provides for nonduplication of recovery.

CO S 199    Tochtrop (D)
Title:    Workers' Compensation
Status:    Enacted 05/23/2011
Summary:    Concerns workers' compensation; requires an employer to admit liability for reasonable and necessary medical benefits in claims where an authorized treating physician recommends medical benefits after maximum medical improvement if there is no contrary medical opinion in the record; makes changes relating to discovery by parties represented by an attorney; requires employers or insurers to pay in advance a claimant's costs of attending an examination requested by the employer or insurer.
Connecticut
CT H 5914    Hewett (D)
Title:    Workers' Compensation
Status:    Failed
Summary:    Removes the requirement that a physical injury needs to occur prior to treatment for post-traumatic stress disorder to be covered under the Workers' Compensation Act.

CT H 6438    Joint Committee on Judiciary
Title:    Probate Court Operations
Status:    Enacted 07/08/2011
Summary:    Amends probate court operations; includes update provisions on the Regional Children's Probate Courts; provides workers' compensation coverage for probate judges; relates to confidentiality of medical, financial or guardianship information relating to emancipation of a minor; relates to the estate of a deceased person; provides for appointment of a temporary administrator to have no authority over assets; limits the authority of the temporary administrator to disclose information obtained.

CT H 6474    Joint Committee on Judiciary
Title:    Resolution of Liens in Workers Compensation Cases
Status:    Enacted 07/13/2011
Summary:    Relates to the resolution of liens in workers' compensation cases; revises the amount of reimbursement received by an employer that has paid workers' compensation benefits to an injured employee when the employee brings an action against a third-party tortfeasor and recovers damages; includes the second injury fund; provides that certain reductions shall not apply if the reimbursement is to the state, a political subdivision or a local public agency, as the employer or custodian of the Second Injury Fund.

CT S 23    Prague (D)
Title:    Social Security Retroactive Payments
Status:    Failed
Summary:    Concerns retroactive payments for social security offsets under the Workers' Compensation Act; awards an increase in Workers' Compensation payments to individuals whose payments were offset as a result of receiving Social Security between 1993 and 2006.

CT S 360    Boucher (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Concerns using reductions in agency costs to maintain workers' compensation fund solvency; provides efficiencies in state government and cost reduction to benefit the workers' compensation fund.

CT S 949    Joint Committee on Labor and Public Employees
Title:    Pension Offsets Under the Workers Compensation Act
Status:    Failed
Summary:    Concerns pension offsets under the worker's compensation act; prevents pension or retirement plans from offsetting or reducing pension or retirement benefits by amounts received by the beneficiary in workers' compensation payments for the specific loss of member or use of function of a member of the body.

CT S 986    Joint Committee on Labor and Public Employees
Title:    Workers' Compensation
Status:    Failed
Delaware
DE S 108    PRIMARY DeLuca (D)
Title:    Workers Compensation Medical Providers
Status:    Enacted 08/17/2011
Summary:    Ensures that medical providers do not take advantage of a statute that allows for the greater of clause by opening a facility across state lines to perform procedures that could be performed in state in order to collect higher fees; continues to allow an injured worker to receive specialized treatment outside the of state; allows a medical provider's report to serve as the triggering event for the completion of the employer's report of modified-duty availability; relates to an authorized payment system.
District of Columbia
DC B 445    Brown K (D)
Title:    Workers' Compensation
Status:    Enacted 10/11/2011
Summary:    (Emergency Act) Amends, on an emergency basis, the Comprehensive Merit Personnel Act of 1979 to clarify that the Mayor shall request income information from all public sector workers' compensation claimants; provides that the employee must provide copies of their earnings from employment in the manner and at the times the mayor specifies; corrects an erroneous 2010 amendment that limited the wage earning capacity process to claimants hired before January 1, 1980.

DC B 446    Brown K (D)
Title:    Workers' Compensation
Status:    To Congress
Summary:    (Temporary Law) Amends, on a temporary basis, the Comprehensive Merit Personnel Act of 1979 to clarify that the Mayor shall request income information from all public sector workers' compensation claimants, and to correct an erroneous 2010 amendment that limited the wage earning capacity process to claimants hired before a specified date.

DC B 447    Brown K (D)
Title:    Workers' Compensation
Status:    Pending
Summary:    (Permanent Law) Amends the Comprehensive Merit Personnel Act of 1979 to clarify that the Mayor shall request income information from all public sector workers' compensation claimants, and to correct an erroneous 2010 amendment that limited the wage earning capacity process to claimants hired before January 1, 1980.

DC R 369    Brown K (D)
Title:    Public Sector
Status:    Enacted 09/20/2011
Status:    Adopted
Summary:    Declares the existence of an emergency with respect to the need to amend the Comprehensive Merit Personnel Act of 1979 to clarify that the Office of Risk Management can request income information from all public sector workers' compensation claimants, and to correct an erroneous 2010 amendment that limited the wage earning capacity process to claimants hired before January 1, 1980.
Florida
FL H 723    Weinstein (R)
Title:    State Reciprocity in Workers Compensation Claims
Status:    Enacted 06/17/2011
Summary:    Relates to state reciprocity in workers' compensation claims; provides extraterritorial coverage; exempts certain employers and employees from the state Workers' Compensation Law; requires prima facie evidence that employer carries workers' compensation insurance for this state; requires courts to take judicial notice of construction of jurisdiction laws; provides requirements for claims made in other states; provide criteria for employees to be considered temporarily in a state.

FL H 1087    Holder (R)
Title:    Insurance Regulation
Status:    Enacted 06/17/2011
Summary:    Relates to insurance; authorizes payment of workers' compensation benefits on a prepaid card, records, premium audits, satisfaction of employer's obligation for benefits, annual assessments, rate filings, nonresident insurer certificate of authority, documentation, disclaimers, life insurance, annuities, waiting periods, licensure disqualification, rulemaking authority, cancellation of workers' compensation insurance, property and casualty coverage and notice of cancellation of vehicle insurance.

FL S 170    Bennett (R)
Title:    Electronic Filing of Court Documents
Status:    Enacted 06/21/2011
Summary:    Relates to electronic filing and receipt of court and other legal documents; requires that each state attorney and public defender to electronically file court documents with the clerk of the court and receive court documents from the clerk; requires a progress report on the use of the Courts E-Portal system or the clerks' offices portals to electronically file and receive court documents; requires a response to a petition for workers' compensation to be filed by electronic means.

FL S 1068    Hays (R)
Title:    State Risk Management Insurance Premiums
Status:    Failed
Summary:    Revises duties of the Division of Consumer Services; revises criteria for premiums charged to agencies and departments for purposes of the State Risk Management Trust Fund; revises reporting requirements on the state insurance program; relates to the Workers' Compensation Administration Trust Fund; requires the Division of Risk Management to analyze and report on certain agency return-to-work programs and activities; revises reimbursement for repackaged or relabeled prescription medication.

FL S 1286    Bennett (R)
Title:    Workers Compensation Reciprocity
Status:    Failed
Summary:    Relates to state reciprocity in workers' compensation claims; provides extraterritorial coverage; exempts certain employees working in this state and the employers of such employees from the Workers' Compensation Law; requires prima facie evidence that the employer carries certain workers' compensation insurance; provides requirements for claims made in other states; provides criteria for employees to be considered temporarily in a state; relates to accidental injury out of state incidental to employment.

FL S 1676    Thrasher (R)
Title:    Private Medical School Sovereign Immunity
Status:    Enacted 06/24/2011
Summary:    Provides nonprofit colleges and universities that own or operate a medical school or any of its employees or agents providing patient services pursuant to a contract with a teaching hospital are immune from certain liability or torts; requires the contract to provide for indemnification; requires each patient, or the patient's representative, to receive notice regarding the exclusive remedy for injury or damage suffered; provides such employee is not an agent of the state for workers' compensation purposes.
Georgia
GA H 156    Cheokas (R)
Title:    Indemnification Payment
Status:    Enacted 05/12/2011
Summary:    Relates to payment for indemnification for death or disability, procedure for making of payments, and appeal; changes the provisions relative to the indemnification of injury state highway employees; relates to the uniform rules of the road to dedicate the State Move-Over Law in memory of Spencer Pass, a HERO operator with the Department of Transportation who was tragically killed in the line of duty.

GA H 167    Davis S (R)
Title:    Group Accident and Sickness Insurance
Status:    Enacted 05/12/2011
Summary:    Enacts the Insurance Delivery Enhancement Act of 2011; relates to insurance companies and affiliates; provides for changes in the definitions of the terms group accident and sickness insurance and true association; relates to limited benefit insurance, including accident or sickness insurance to supplement major medical insurance, accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care and specified disease insurance; includes plan administrators in prompt pay requirements.

GA H 548    Martin (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise agreement shall not be considered employees; repeals conflicting laws.

GA S 242    Thompson S (D)
Title:    Peace Officers Annuity and Benefit Fund
Status:    Pending - Carryover
Summary:    Relates to eligibility for disability benefits under the Peace Officers' Annuity and Benefit Fund, periodic examinations, termination of disability benefits, application, hearings, powers of hearing officer, and appeal, so as to provide that a member of such fund disabled by an injury incurred in the line of duty shall be entitled to a disability benefit under certain conditions; provides conditions for an effective date and automatic repeal; repeals conflicting laws.
Guam
note
Hawaii
HI H 362    McKelvey (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    In entities having 10 or fewer employees, excludes self-employed individuals and their families from the scope of the workers' compensation law.

HI H 386    Rhoads (D)
Title:    Workers Compensation Fraud
Status:    Pending - Carryover
Summary:    Transfers jurisdiction over workers' compensation fraud from the department of labor and industrial relations to the insurance fraud investigations unit of the insurance division of the department of commerce and consumer affairs.

HI H 464    Rhoads (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Requires an employer who denies a workers' compensation claim, or indicates compensability is not accepted, to submit a written report to DLIR and the claimant that describes the employer's investigation of the claim.

HI H 466    Rhoads (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Requires independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the Department of Labor and Industrial Relations director.

HI H 519    Yamashita (D)
Title:    Workers Compensation
Status:    Enacted 07/07/2011
Summary:    Excludes services performed by an individual who is a member of a limited liability company or a partner of a limited liability partnership who has a distributional interest in the company or partnership of at least fifty percent, a partner or a partnership, and a sole proprietor from the definition of employment under the workers' compensation law.

HI H 527    Yamashita (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Disallows workers' compensation benefits for the exacerbation of injuries sustained during after work, voluntary recreational, or social activities.

HI H 994    Nakashima (D)
Title:    Motor Vehicle Insurance
Status:    Pending - Carryover
Summary:    Excludes benefits paid or incurred under the workers' compensation law from the covered loss deductible; effective January 1, 2012.

HI H 1196    Brower (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Authorizes the assessment of reasonable attorney's fees to be levied on a party who brings, prosecutes, or defends a workers' compensation claim without reasonable grounds.

HI S 280    Shimabukuro (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Requires an employer who denies compensability, or indicates compensability is not accepted, to submit a written report to the director and claimant within thirty days of its denial of, or indication not to accept, compensability that substantiates its denial of compensability; prohibits the due date for the employer's written report to be extended.

HI S 845    Slom (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Disallows workers' compensation benefits for injuries sustained during after-work employer-sponsored voluntary recreational or social activities; clarifies that calculations for permanent partial disability awards are patterned after those of permanent total disability awards.

HI S 847    Slom (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Removes workers' compensation coverage for stress claims, and injuries and damages from any act of violence; appropriates funds to establish a workers' compensation fraud hotline; requires designation of a deputy attorney general to investigate and prosecute workers' compensation fraud violations.

HI S 1118    Shimabukuro (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Requires independent medical examinations and permanent impairment rating examinations to be performed by physicians mutually agreed upon by employers and employees or appointed by the director of labor and industrial relations.

HI S 1157    Ryan (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Authorizes the assessment of reasonable attorney's fees to be levied on a party who brings, prosecutes, or defends a workers' compensation claim without reasonable grounds.

HI S 1196    Hee (D)
Title:    Workers Compensation Fraud
Status:    Pending - Carryover
Summary:    Transfers jurisdiction over workers' compensation fraud from the department of labor and industrial relations to the insurance fraud investigations unit of the insurance division of the department of commerce and consumer affairs.

HI SCR 40    Slom (R)
Title:    Jones Act Exemption
Status:    Failed - Adjourned
Summary:    Requests congress to exempt Hawaii, Alaska, Guam, and Puerto Rico from the Jones Act for the health, safety, and security of their residents.

HI SR 19    Slom (R)
Title:    Jones Act Exemption
Status:    Failed - Adjourned
Summary:    Requests congress to exempt Hawaii, Alaska, Guam, and Puerto Rico from the Jones Act for the health, safety, and security of their residents.
Idaho
ID S 1166    Senate State Affairs Committee
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Amends existing law relating to worker's compensation insurance fraud to provide that insurance fraud includes anyone willfully making a false statement or material misrepresentation to an insurer, employer, practitioner or other person, with the intent to defraud or deceive an insurer or other person, to retain worker's compensation benefits and to provide for a felony.

ID S 1185    Senate State Affairs Committee
Title:    Workers Compensation Law
Status:    Failed - Adjourned
Summary:    Amends and adds to existing law relating to worker's compensation law to revise provisions relating to security for payment of compensation and to provide provisions relating to a public employer applying for approval to become self-insured; provides provisions relating to a service fund; provides provisions relating to prohibited pecuniary interests; provides provisions relating to the recovery of certain funds; provides provisions relating to the liquidation of a fund; provides for penalties.

ID S 1186    Senate State Affairs Committee
Title:    Workers Compensation Fees and Reimbursements
Status:    Enacted 04/11/2011
Summary:    Amends existing law relating to worker's compensation; revises fees and reimbursements; provides that claims of attorneys, medical services and medicine, and related benefits are subject to approval by the commission; provides that fees for physician services shall be set using relative value units from the current year resource based relative value system; provides that the commission shall adopt rules for the annual adjustment of medical reimbursements.
Illinois
IL H 76    Jakobsson (D)
Title:    Denial of Medical Expenses Payment
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that claimants shall be notified of the specific reason for a denial to pay medical expenses; provides that if the specific reason is not given, the claim should not be given the rebuttable presumption that the employer shall not be responsible for payment of additional compensation if that denial or refusal to authorize complies with a utilization review program.

IL H 942    Madigan (D)
Title:    Abusive Work Environments
Status:    Pending
Summary:    Creates the Abusive Work Environment Act; defines the terms abusive conduct and abusive work environment; provides that it is unlawful to subject an employee to an abusive work environment or to retaliate against an employee who filed an action or participated in any proceeding under the Act; provides for employer liability, affirmative defenses, and injunctive and other relief for the employee; provides for civil actions; provides that the Act's remedies are not to duplicate workers' compensation remedies.

IL H 1032    Bradley J (D)
Title:    Workers' Compensation
Status:    Pending
Summary:    Repeals the Repeals the Workers' Compensation Act and the Workers' Occupational Diseases Act; creates the Workers' Compensation and Workers' Occupational Diseases Transfer and Transition Act; provides that all actions the Workers' Compensation Commission had jurisdiction over on a specified date are transferred to the Supreme Court for assignment; provides for: venue; appeals; records, property, and personnel of the Commission; successor agency; abolition of the Commission; orders; funds; and insurance.

IL H 1097    Rose (R)
Title:    Workers Compensation for Subcontractors
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that a subcontractor under contract to a general contractor may elect to be covered under any policy of workers' compensation insurance insuring the contractor upon written agreement of the contractor, by filing written notice of the election, on a form prescribed by the Workers' Compensation Commission.

IL H 1188    Harris D (R)
Title:    State Police Act
Status:    Pending
Summary:    Amends the State Police Act, Counties Code, and Municipal Code; authorizes any State Police officer, sheriff, deputy sheriff, or municipal peace officer who is on duty disability to carry a concealed weapon; authorizes the summary revocation or suspension of such an authorization; provides that a revocation or suspension of authorization to carry a concealed weapon may be used to determine whether an officer is fit for duty.

IL H 1342    Tryon (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that no employer shall be required to pay temporary partial or total disability benefits to an employee who has been discharged for cause; provides procedures for notice and hearings; defines discharge for cause as a discharge resulting from the employee's voluntary violation of a rule or policy of the employer not caused by the employee's disability.

IL H 1427    Bradley J (D)
Title:    Workers Compensation Act
Status:    Enacted 08/08/2011
Summary:    Amends the Workers' Compensation Act; increases the city population floor limiting the ability of police officers and fire fighters to be considered employees under the act; provides that a member of a police department in any city whose population exceeds 500,000 is not considered an employee under the act; provides that a member of a fire department in any city whose population exceeds 500,000 is considered an employee under the Act only with respect to claims for any serious and permanent disfigurement.
IL H 1698    Bradley J (D)
Title:    Public Employee Workers Compensation
Status:    Enacted 06/28/2011
Summary:    Amends the Department of Central Management Services Law, the Code of Civil Procedure, and the Workers' Compensation Act; relates to the State Workers' Compensation Advisory Board, self insurance, subpoenas, burden of proof, employee leasing companies, construction employer collective bargaining, negotiated rates, wage differential, preferred provider programs, permanent partial disability, out-of-state fees, fee schedules, electronic claims, utilization review programs and employee intoxication.

IL H 2070    Lang (D)
Title:    Creation of the Emergency Employment Development Act
Status:    Pending
Summary:    Creates the Emergency Employment Development Act; authorizes the Governor to appoint an Emergency Employment Development Coordinator to administer the Act and specifies the Coordinator's other duties and Powers; creates the Emergency Development Task Force to advise the Coordinator; authorizes funds appropriated under the Act to be used to subsidize employee wages and benefits, to reimburse the Department of Employment Security for certain expenses, and to provide child care, workers' compensation coverage.

IL H 2601    Kay (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL H 2602    Reis (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL H 2603    Cross (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL H 2604    Cross (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL H 2605    Cross (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL H 2607    Kay (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that injuries incurred while an employee is engaged in the commission of and as a proximate result of the commission of a forcible felony, aggravated driving under the influence, or reckless homicide and for which the employee was convicted do not arise out of and in the course of employment if the commission of such offenses caused an accident resulting in the death of severe injury of another person; limits certain compensation and attorney's fees.

IL H 2865    Poe (R)
Title:    Municipal Retirement Fund Article of the Pension Code
Status:    Pending
Summary:    Amends the Municipal Retirement Fund Article of the Pension Code; specifies that in order to be eligible for a surviving spouse annuity the spouse of the annuitant must meet a specific eligibility requirement no matter whether the annuitant was in service on or after the effective date of the amendatory Act or the effective date of Public Act 87-850; removes a provision that required survivor annuities to be offset by workers' compensation benefits; amends the State Mandates Act.

IL H 2883    Reis (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; defines accident and injury; Provides that pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable; deletes language allowing rebuttable presumptions for an employee employed as a firefighter, emergency medical technician , or paramedic; deletes language allowing an employee to secure his own physician, surgeon and hospital services at the employer's expense.

IL H 3098    Tryon (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that no employer shall be required to pay temporary partial or total disability benefits to an employee who has been discharged for cause; provides procedures for notice and hearings; defines discharge for cause as a discharge resulting from the employee's voluntary violation of a rule or policy of the employer not caused by the employee's disability.

IL H 3344    McCarthy (D)
Title:    Metropolitan Water Reclamation District Article
Status:    Pending
Summary:    Amends the Metropolitan Water Reclamation District Article of the Pension Code; provides that an employee who first enters service on or after the January 1, 2012 and becomes disabled shall, on and after the 31st day of disability, be entitled to ordinary disability benefits during the remainder of that disability.

IL HR 52    Kay (R)
Title:    Audit of Awards by Auditor General
Status:    Pending
Summary:    Directs the Auditor General to conduct an audit of awards approved by the Workers' Compensation Commission for claims filed by employees of Menard Correctional Center and arbitrators employed by the Commission from 2008 to the present.

IL HR 405    Kay (R)
Title:    Central Management Services to Comply With the Binding
Status:    Enacted 05/31/2011
Status:    Adopted
Summary:    Urges the Department of Central Management Services to comply with the binding opinion issued by the Attorney General's Public Access Counselor and release information pertaining to workers compensation claims made at Menard Prison.

IL S 101    Holmes (D)
Title:    Workers Occupational Diseases Act
Status:    Pending
Summary:    Amends the Workers' Occupational Diseases Act; provides that any condition or impairment of health of a firefighter, emergency medical technician, or paramedic that results directly or indirectly from Parkinson's disease resulting in any disability to the employee shall be rebuttably presumed to arise out of and in the course of the employee's firefighting, EMT, or paramedic employment and shall be rebuttably presumed to be causally connected to the hazards or exposures of the employment.

IL S 1147    Haine (D)
Title:    Workers' Compensation and Felonies
Status:    Enacted 08/08/2011
Summary:    Amends the Workers' Compensation Act; provides that accidental injuries incurred while an employee is engaged in a forcible felony, aggravated driving under the influence or reckless homicide do not arise out of and in the course of employment if that commission caused an accident resulting in death or severe injury; provides that an employee shall not be entitled to compensation or attorney's fees; provides for termination of benefits until termination of criminal proceedings.

IL S 1349    McCarter (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Amends the Workers' Compensation Act; defines accident and injury; provides standards of conduct for commissioners and arbitrators; provides for limited binding agreements between construction employers and labor organizations; provides for the time period within which an employer is authorized to choose medical services for the employee; sets forth provisions concerning employees discharged for cause, preferred provider program utilization, prescriptions, fraud, and various other matters.

IL S 1422    Radogno (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides for limited binding agreements between construction employers and labor organizations; provides that for a specified time after the report of injury, the employer shall choose all necessary medical services, and that after a specified period, the employee may secure his own medical services; provides for a new determination of permanent partial disability for injuries occurring after a specified date.

IL S 1541    Forby (D)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; makes a technical change in a Section concerning the computation of time.

IL S 1664    Silverstein (D)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act providing that the disability of a firefighter, emergency medical technician, or paramedic resulting from a condition or health impairment that results directly or indirectly from any bloodborne pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, or cancer is rebuttably presumed to arise out of and in the course of employment.

IL S 1676    McCann (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that the Workers' Compensation Commission may recall a decision or settlement when fraud has been determined to be committed related to the case; provides that the Commission shall implement a rule to establish a process for recalling a decision or settlement that is subject to recall due to fraud; provides that the fraud and insurance non-compliance unit of the Department of Insurance shall employ one or more attorneys licensed to practice law.

IL S 2101    Mulroe (D)
Title:    Unemployment Insurance Act
Status:    Pending
Summary:    Amends the Unemployment Insurance Act; provides that the Department of Employment Security shall make available to the Department of Central Management Services, Risk Management Division , upon request, information in the possession of the Department that may be necessary or useful to the System or the Risk Management Division for the purpose of determining whether any recipient of a disability benefit from the System or a workers' compensation benefit from the Risk Management Division.

IL S 2155    Brady B (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that the maximum weekly benefit if, after the accidental injury, an employee becomes partially incapacitated from pursuing his or her usual and customary line of employment, shall be 66 2/3% of the State's average weekly wage in covered industries under the Unemployment Insurance Act; such awards being known as wage differential awards shall cease when the employee reaches age 67 or 15 years after the accident.

IL S 2521    McCarter (R)
Title:    Aggravation of Pre Existing Condition
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides that injury includes aggravation of a pre-existing condition by an accident arising from employment, for so long as the aggravation of the pre-existing condition continues to be the major contributing cause of the disability; provides that an injury resulting from idiopathic causes is not compensable; provides that employees are no longer allowed to choose to decline the employer's preferred provider program; amends the level of permanent partial disability.

IL SR 59    McCann (R)
Title:    Audit of Awards
Status:    Pending
Summary:    Directs the Auditor General to conduct an audit of awards approved by the Workers' Compensation Commission for claims filed by employees of Menard Correctional Center and arbitrators employed by the Commission from 2008 to the present.
Indiana
IN H 1485    Lehman (R)
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Relates to worker's compensation; establishes the interim study committee on medical reimbursement of worker's compensation.

IN H 1572    Lawson L (D)
Title:    Health Coverage for Certain Disabled Officers
Status:    Failed - Adjourned
Summary:    Relates to health coverage for certain disabled officers; requires a local government unit that employs an individual as a police officer, county police officer, or sheriff who is disabled in the line of duty to offer to provide and pay for certain health coverage for the individual and the individual's spouse, surviving spouse, and certain children.

IN S 6    Zakas (R)
Title:    Emergency Response Mutual Aid Agreements
Status:    Enacted 05/09/2011
Summary:    Authorizes units of government to enter into agreements to provide interstate mutual aid for emergency responses that do not rise to the state of emergency declaration level; provides that out-of-state licenses, certifications, or other permits held by emergency responders shall be recognized; provides immunity from civil liability to such responders; extends all pension, relief, disability, death benefits, worker's compensation benefits, and other benefits to such responders.

IN S 33    Bray (R)
Title:    Sheriffs Department Survivor Benefits
Status:    Failed - Adjourned
Summary:    Relates to sheriff's department survivor benefits; provides that, without regard to any maximum statutory compensation period, the surviving spouse of a county police officer or a county sheriff who was killed in the line of duty is entitled to receive worker's compensation benefits until the earlier of the surviving spouse's remarriage or the surviving spouse's death; makes conforming amendments and technical corrections.

IN S 164    Mrvan (D)
Title:    False Statements to State Agencies
Status:    Failed - Adjourned
Summary:    Relates to false statements to state agencies; provides that an employee who knowingly or intentionally makes a false statement of independent contractor status to the Department of State Revenue commits a Class D felony; provides that an employer or employee shall not classify an employee as an independent contractor for the sole or primary purpose of avoiding the worker's compensation law; provides that a violation is a Class A infraction; makes technical corrections.

IN S 370    Mrvan (D)
Title:    Exemptions From Seizure of Property
Status:    Failed - Adjourned
Summary:    Relates to exemptions from seizure of property; exempts worker's compensation benefits received from other States from the claims of creditors; increases the bankruptcy exemption for intangible personal property from $300 to $1,200.

IN S 487    Young M (R)
Title:    Health Coverage for Certain Disabled Officers
Status:    Failed - Adjourned
Summary:    Relates to health coverage for certain disabled officers; requires a local government unit that employs an individual as a police officer, county police officer, or sheriff who is disabled in the line of duty to offer to provide and pay for certain health coverage for the individual and the individual's spouse, surviving spouse, and certain children.

IN S 574    Tallian (D)
Title:    Recognition
Status:    Failed - Adjourned
Summary:    Worker's compensation; requires a health care provider to file a claim for payment with the Worker's Compensation Board not later than two years after the last date the provider provided services to an injured or disabled employee; amends the definition of pecuniary liability applying to the responsibility of an employer or insurance carrier to recognize that the charge for services or products provided after June 30, 2011, by a medical services facility is equal to 200% of the amount determined.

IN S 576    Boots (R)
Title:    Workers Compensation
Status:    Enacted 05/10/2011
Summary:    Relates to worker's compensation to include the Workers' Compensation Board member qualifications, the time frame for a health care provider to file a claim adjustment for payment; a schedule of fees and charges, employer civil penalties for not providing information regarding temporary disability, claim resolution arbitration, the processing requirements for claims, employer proof of workers' compensation insurance, and an independent contractors' exemption.
Iowa
IA D 1561    Office of Senator Pat Ward
Title:    Worker's Compensation
Status:    Pending - Carryover
Summary:    Relates to worker's compensation; concerns credit for overpayment benefits.

IA D 1779    Office of Senator Pat Ward
Title:    Worker's Compensation
Status:    Pending - Carryover
Summary:    Relates to worker's compensation, stay of judgment pending appeal.

IA D 1780    Office of Senator Pat Ward
Title:    Worker's Compensation
Status:    Pending - Carryover
Summary:    Relates to worker's compensation, floating interest rate.

IA D 1903    House Labor Committee
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation, arising out of and in the course of employment.

IA H 120    Helland (R)
Title:    Workers Compensation Commissioner
Status:    Pending - Carryover
Summary:    Requires the workers' compensation commissioner to approve a claim for a retrieval fee of up to $25 payable to a medical provider or its agent for each request made for copies of duplicate records or reports for which the commissioner allows a copying fee, but not to exceed a total of $50 for such retrieval fees.

IA H 215    Horbach (R)
Title:    Worker Compensation
Status:    Failed
Summary:    Amends Code section 85.34 to expand the circumstances under which an employer can receive credit for overpayment of certain weekly workers' compensation benefits; provides that currently, if an employee is overpaid weekly workers' compensation benefits, the excess paid by the employer is credited against the liability of the employer for any future weekly permanent partial disability benefits due from that employer for a subsequent injury to the same employee.

IA H 217    Horbach (R)
Title:    Imposition of Penalty Benefits
Status:    Pending - Carryover
Summary:    Relates to the imposition of penalty benefits in workers' compensation cases; provides that code section 86.13 is amended to specify that penalty benefits shall only be awarded based on the amount of benefits to which the employee is found to be entitled; provides that code section 86.13 is amended by adding a provision that an employee must cooperate with a reasonable investigation and evaluation by the employer or insurance carrier into whether benefits were owed to the employee.

IA H 311    Horbach (R)
Title:    Interest Rate on Weekly Workers Compensation Payments
Status:    Pending - Carryover
Summary:    Provides that the interest rate on weekly workers' compensation payments that are not paid when due is equal to the one year treasury constant maturity published by the federal reserve in the H15 report settled immediately prior to July 1 plus 2 percent for all weekly compensation payments due during the fiscal year beginning on July 1 and ending the following June 30; provides that is applicable to injuries compensable under the state's workers' compensation Laws that occur on or after July 1, 2011.

IA H 340    Isenhart (D)
Title:    States Workers Compensation Laws
Status:    Pending - Carryover
Summary:    Relates to the state's workers' compensation laws by modifying alternate care procedures for medical treatment, creating registries of physicians who treat and evaluate work related injuries, providing for the retention of a medical director, creating a state workplace injury care providers registry fund, establishing a workers' compensation advisory board, providing for fees, and providing effective dates; alternate care.

IA H 346    Hunter (D)
Title:    Employment Earning Capacity
Status:    Pending - Carryover
Summary:    Amends Code section 85.34 to provide that for purposes of workers' compensation, an employee who sustains a scheduled injury and is unable to return to employment providing substantially similar earnings to that of the preinjury employment earning capacity, shall be paid compensation during the number of Weeks in relation to 500 weeks as the reduction in the employee's earning capacity caused by the disability bears in relation to the earning capacity that the employee possessed when the injury occurred.

IA H 347    Hunter (D)
Title:    Weekly Workers Compensation Benefits
Status:    Pending - Carryover
Summary:    Requires certain weekly workers' compensation benefits to be calculated by including an employee's overtime and premium pay, and to include an annual cost of living adjustment; amends Code section 85.36 to require the calculation of the amount of weekly workers' compensation benefits to include, not exclude, an employee's earnings for overtime and premium pay.

IA H 401    House Labor Committee
Title:    Personal Injury
Status:    Pending - Carryover
Summary:    Provides that a personal injury arising out of and in the course of employment which would be compensable under the state's workers' compensation laws does not include a personal injury sustained by an employee while on an employer's premises if the injury is sustained during nonwork hours while the employee is on a personal errand to those premises.

IA H 515    House Labor Committee
Title:    Interest Rate on Weekly Workers Compensation Payments
Status:    Pending - Carryover
Summary:    Provides that the interest rate on weekly workers' compensation payments that are not paid when due is equal to the one year treasury constant maturity published by the federal reserve in the H15 report settled immediately prior to July 1 plus 2 percent for all weekly compensation payments due during the fiscal year beginning on July 1 and ending the following June 30; provides that is applicable to injuries compensable under the state's workers' compensation Laws that occur on or after July 1, 2011.

IA H 523    House Labor Committee
Title:    Credit for Overpayment
Status:    Pending - Carryover
Summary:    Expands the circumstances under which an employer can receive credit for overpayment of certain weekly workers' compensation benefits; provides if an employee is overpaid weekly workers' compensation benefits, the excess paid by the employer is credited against the liability of the employer for any future weekly permanent partial disability benefits due from that employer for a subsequent injury to the same employee.

IA HSB 40    House Labor Committee
Title:    Personal Injury
Status:    Pending - Carryover
Summary:    Provides that a personal injury arising out of and in the course of employment which would be compensable under the state's workers' compensation laws does not include a personal injury sustained by an employee while on an employer's premises if the injury is sustained during nonwork hours while the employee is on a personal errand to those premises.

IA HSB 101    House Labor Committee
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to stays of execution or enforcement of workers' compensation orders or decisions that have been reduced to a decree or judgment by the district court pending judicial review; requires a district court to grant an application for a stay of execution or enforcement of an order or decision of the workers' compensation commissioner that has been reduced to a decree or judgment by the district court and is the subject of judicial review proceedings if the applicant for the stay identifies the parts of.

IA S 255    Ward (R)
Title:    Worker's Compensation
Status:    Pending - Carryover
Summary:    Relates to worker's compensation, stay of judgment pending appeal.

IA S 262    Ward (R)
Title:    Workers' Compensation Benefits
Status:    Pending - Carryover
Summary:    Provides that an employer or insurance carrier satisfies one of the criteria for establishing a reasonable or probable cause or excuse for the denial, delay in payment, or termination of workers' compensation benefits and avoiding the imposition of penalty benefits, if the employer or insurance carrier demonstrates that the employee failed to cooperate with a reasonable investigation and evaluation by the employer or insurance carrier into whether benefits were owed to the employee.

IA S 309    Black (D)
Title:    Disability Payments
Status:    Pending - Carryover
Summary:    Requires that any disability payments earned for service in the armed services of the United States not be used to offset allowances within the Iowa public employees' retirement system for IPERS members who are employed in a protection occupation.

IA S 499    Senate State Government Committee
Title:    Armed Forces Services Disability Payments Earned
Status:    Pending - Carryover
Summary:    Requires that any disability payments earned for service in the armed services of the United States not be used to offset allowances within the Iowa public employees' retirement system for IPERS members who are employed in a protection occupation.

IA SSB 1140    Senate Labor and Business Relations Committee
Title:    Weekly Workers' Compensation Benefits
Status:    Pending - Carryover
Summary:    Requires certain weekly workers' compensation benefits to be calculated by including an employee's overtime and premium pay, and to include an annual cost of living adjustment; requires the calculation of the amount of weekly workers' compensation benefits to include, not exclude, an employee's earnings for overtime and premium pay.

IA SSB 1141    Senate Labor and Business Relations Committee
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Provides that for purposes of workers' compensation, an employee who sustains a scheduled injury and is unable to return to employment providing substantially similar earnings to that of the pre injury employment earning capacity, shall be paid compensation during the number of weeks in relation to 500 Weeks as the reduction in the employee's earning capacity caused by the disability bears in relation to the earning capacity that the employee possessed when the injury occurred.

IA SSB 1155    Senate Labor and Business Relations Committee
Title:    Code Section 8518
Status:    Pending - Carryover
Summary:    Amends Code section 85.18 to prohibit an employer from discharging, discriminating, or in any manner retaliating against an employee for pursuing the employee's statutory right to compensation for work related injuries, including preventing or hindering an employee from contacting an attorney regarding those statutory rights; codifies an Iowa Supreme Court ruling in Springer v Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988).
Kansas
KS H 2077    House Insurance Committee
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Concerns worker's compensation; relates to group-funded pool filings to the insurance commissioner.

KS H 2134    House Commerce and Economic Development Committee
Title:    Workers Compensation Claim Denials
Status:    Enacted 04/18/2011
Summary:    Provides that workers compensation for an injury shall be disallowed if resulting from deliberate intention to cause the injury, willful failure to use proper guard and protection furnished to the employee, reckless violation of workplace safety regulations or voluntary participation in fighting or horseplay with a co-employee; relates to forfeiture of benefits if alcohol or drugs are involved, disability, occupational diseases, prior settlements and employer credits for a preexisting impairment.

KS H 2339    House Appropriations Committee
Title:    Criminal Code
Status:    Enacted 04/08/2011
Summary:    Revises and makes technical corrections to numerous provisions concerning crimes, punishment and criminal procedure; provides for the crime of maintaining a common nuisance; updates various statutory references; relates to the use of deadly force, various crimes, including sexual crimes, workers compensation fraud, child abuse, unlawful conduct of cockfighting, and domestic abuse, insurer and fraternal benefit society fees and taxes, the sale of alcohol, children in need of care, and various other matters.
Kentucky
KY S 104    Buford (R)
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation; amends several provisions of the workers' compensation Act in KRS Chapter 342; defines and recognizes temporary partial disability benefits and amends other statutes to comply; limits medical benefits to age 70 or five years after the date of injury whichever is later, except for permanent total awards or awards involving prosthetic devices which continue for as long as the employee is disabled; allows attorney's fees or increased payments for medical fee disputes.
Louisiana
LA S 143    Quinn (R)
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Excludes certain unanticipated bonus payments from the determination of payroll, wages, and average weekly wage at the time of the accident.
Maine
ME H 791    Hamper (R)
Title:    Independent Medical Examiners
Status:    Enacted 06/03/2011
Summary:    Relates to the availability of independent medical examiners under the Workers Compensation Act; provides that an independent medical examiner must be certified in the field of practice that treats the type of injury complained of by the employee; provides that an independent medical examiner selected and paid for by an employer to examine an employee in accordance is limited to 12 such examinations per calendar year and notify the board of the name of the employee and the employer or the insurance company.

ME H 800    Prescott (R)
Title:    Permanent Impairment and Workers Compensation
Status:    Failed
Summary:    Amends the law governing the determination of permanent impairment for workers' compensation purposes as follows: 1. It specifies that the schedule adopted by the Workers' Compensation Board for determining the existence and degree of permanent impairment based upon medically or scientifically demonstrable findings must be based on the American Medical Association's "Guides to the Evaluation of Permanent Impairment," 4th edition.

ME H 1154    Cushing (R)
Title:    Workers Compensation Laws
Status:    Pending - Carryover
Summary:    Amends provisions of the Maine Workers' Compensation Act of 1992 and procedures of the Workers' Compensation Board; amends the law to provide for full reimbursement to an employer from proceeds paid by a 3rd party; amends the selection process for the Workers' Compensation Board.

ME LR 733    Senator Jackson
Title:    Workers Compensation Boards
Status:    Failed - Adjourned
Summary:    Changes the Workers' Compensation Board's classification of pharmacists.

ME LR 1043    Senator Saviello
Title:    Workers Compensation and Improperly Awarded Benefits
Status:    Failed - Adjourned
Summary:    Requires the repayment of improperly awarded workers' compensation benefits.

ME LR 1512    Hamper (R)
Title:    Workers Compensation and Independent Medical Examiners
Status:    Failed - Adjourned
Summary:    Relates to independent medical examiners under the workers' compensation laws.

ME LR 1651    Prescott (R)
Title:    Workers Compensation Simplification
Status:    Failed - Adjourned
Summary:    Simplifies the determination of permanent impairment under the Maine Workers' Compensation Act of 1992.

ME LR 2349    MacDonald (D)
Title:    Emergency Services Personnel Workers Compensation
Status:    Pending
Summary:    Amends laws governing workers' compensation for volunteer firefighters and emergency services personnel.

ME LR 2354    Fossel (R)
Title:    Workers Compensation Coverage
Status:    Pending
Summary:    Improves workers' compensation coverage for volunteer firefighters.

ME LR 2652    Prescott (R)
Title:    Medical Fee Schedule
Status:    Pending
Summary:    Directs the workers' compensation board to revise the medical fee schedule to use an appropriate conversion factor in the payment of anesthesia services.

ME S 365    Goodall (D)
Title:    Workers Compensation
Status:    Enacted 06/14/2011
Summary:    Requires the adoption of rules that establish a worker's compensation medical fee schedule setting the fees for medical and ancillary services and products rendered by practitioners and health care facilities; requires the schedules to reflect certain methodologies and categories set forth by the federal Centers for Medicare and Medicaid Services; provides for the consideration of certain factors, including 3rd-party payor average payment rates and burdens on the workers' compensation system.

ME S 389    Saviello (R)
Title:    Workers Compensation Benefit Repayment
Status:    Enacted 06/15/2011
Summary:    Provides for the repayment of improperly awarded workers' compensation benefits by an employer, insurer or the state insurance guaranty association; provides that payments may not be suspended while the motion for findings of fact and conclusions of law or an appeal is pending; provides that the employer or insurer may recover from an employee payments made pending a motion for findings of fact and conclusions of law or appeal; requires notice of an approved agreement for payment.

ME S 404    Whittemore (R)
Title:    Workers Compensation and Security Deposit Laws
Status:    Enacted 05/31/2011
Summary:    Specifics that an employer that is a self-insurer of workers' compensation benefits may deposit cash, satisfying securities, irrevocable standby letters of credit issued by qualified financial institutions or a surety bond with the Superintendent of Insurance, rather than the Workers' Compensation Board as in current law, in partial fulfillment of the requirements for self-insurers; allows the Superintendent of Insurance to maintain possession of irrevocable standby letters of credit.

ME S 437    Thibodeau (R)
Title:    Independent Contractor Laws
Status:    Enacted 06/10/2011
Summary:    Modifies the laws regarding status as an independent contractor; makes changes to provisions concerning unemployment compensation; directs the Commissioner of Labor to convene a stakeholder group to develop an employment test to be used in the administration of unemployment compensation law, workers' compensation law and programs of the Department of Labor, Bureau of Labor Standards to determine whether a person is an employee or independent contractor.

ME S 477    Rector (R)
Title:    Workers Compensation and Public Construction Projects
Status:    Enacted 06/22/2011
Summary:    Clarifies and simplifies workers' compensation insurance notification reporting requirements for general contractors for public construction projects by moving the requirement from the various state agencies to a central reporting site at the Workers' Compensation Board; includes independent contractors and subcontractors; provides minimum disclosure standards and does not preclude the contracting agency from setting more rigorous standards for construction work.
Maryland
MD H 40    Feldman (D)
Title:    Joint Committee on Workers Compensation
Status:    Vetoed 05/19/2011
Summary:    Expands the membership of the Joint Committee on Workers' Compensation Benefit and Insurance Oversight to include a representative from a self insured local government entity.

MD H 244    Costa (R)
Title:    Compensable Occupational Diseases
Status:    Enacted 05/19/2011
Summary:    Extends the presumption of a compensable occupational disease under workers' compensation law to include Anne Arundel County deputy sheriffs who suffer from heart disease or hypertension resulting in partial or total disability or death under specified circumstances; requires that workers' compensation benefits received under the Act are in addition to specified retirement benefits, subject to a specified adjustment; requires such sheriff's to submit certain medical reports.

MD H 392    Feldman (D)
Title:    Workers Compensation Commission
Status:    Enacted 05/10/2011
Summary:    Alters the venue available to individuals and employers appealing a decision of the Workers' Compensation Commission with the circuit court.

MD H 417    Jameson (D)
Title:    Workers Compensation Commission
Status:    Enacted 05/19/2011
Summary:    Alters the authority of the Workers' Compensation Commission to make specified determinations of dependency; alters the provisions relating to calculation of death benefits for individuals who are wholly or partly dependent; provides for the amount of death benefits to specified dependents who are neither a dependent spouse nor a dependent child; specifies that the Commission has continuing jurisdiction under specified circumstances; limits death benefits to certain covered employees of local governments.

MD H 453    Jameson (D)
Title:    Workers Compensation Commission
Status:    Enacted 04/12/2011
Summary:    Expands the circumstances under which the Workers' Compensation Commission retains jurisdiction pending an appeal of a Commission order to include a request for approval of a proposed settlement of all or part of a claim.

MD H 889    Barkley (D)
Title:    Disability Benefits
Status:    Failed - Adjourned
Summary:    Prohibits an employer or its insurer from terminating the payment of temporary total disability benefits before the end of a specified period unless the Workers' Compensation Commission has ordered a specified termination date; requires the Commission to order an offset or credit of specified overpayments of compensation if the Commission orders the termination of a specified payment of compensation for a date earlier than the actual date that the payment of compensation was terminated by the employer.

MD S 1    Middleton (D)
Title:    Compensation Benefit and Insurance Oversight
Status:    Enacted 04/12/2011
Summary:    Increases the membership of the Joint Committee on Workers' Compensation Benefit and Insurance Oversight; includes a representative of a self-insured local government entity.

MD S 212    Klausmeier (D)
Title:    Authority of the Workers Compensation Commission
Status:    Enacted 05/19/2011
Summary:    Provides that certain death benefits apply only to certain covered municipal or county employees and their dependents; alters the authority of the Workers' Compensation Commission to make specified determinations of dependency; alters the provisions relating to calculation of death benefits for individuals who are wholly or partly dependent; provides for the amount of death benefits to specified dependents who are neither a dependent spouse nor a dependent child; relates to funeral expenses.

MD S 269    Kittleman A (R)
Title:    Workers Compensation Claims
Status:    Enacted 04/12/2011
Summary:    Expands circumstances under which the Workers' Compensation Commission retains jurisdiction pending an appeal of a Commission order to include a request for approval of a proposed settlement of all or part of a claim.

MD S 413    Garagiola (D)
Title:    Disability Benefits
Status:    Failed - Adjourned
Summary:    Prohibits an employer or its insurer from terminating the payment of temporary total disability benefits before the end of a specified period unless the Workers' Compensation Commission has ordered a specified termination date; requires the Commission to order an offset or credit of specified overpayments of compensation if the Commission orders the termination of a specified payment of compensation for a date earlier than the actual date that the payment of compensation was terminated.

MD S 568    Pugh (D)
Title:    Workers Compensation Venue for Appeal
Status:    Enacted 05/10/2011
Summary:    Alters the venue available to individuals and employers appealing a decision of the Workers' Compensation Commission.; relate to filing an order of appeal for the county where the covered employee resides or the employer has its principal place of business.
Massachusetts
MA H 476    Naughton (D)
Title:    Trial Court Officer Injuries
Status:    Pending
Summary:    Relates to injuries sustained during state service by officers of the Trial Court.

MA H 532    Kane (D)
Title:    Incentives for Productive Workers Compensation Audits
Status:    Pending
Summary:    Provides incentives for productive workers' compensation audits; provides penalties for knowingly submitting application for workers' compensation coverage that contains false misleading or incomplete information provided for the purpose of avoiding or reducing the insurance premium; sets minimum requirements for payroll verification audits; requires each employer to annually submit copies of certain reports and records.

MA H 746    Webster (R)
Title:    Pension Reform
Status:    Pending
Summary:    Relates to pension reform; provides that certain provisions relating to defined benefit plans shall not apply to certain recently hired employees, who shall be covered by 401(k) coverage; relates to disability pensions for employees who sustain job related injuries; provides penalties for persons who knowingly provide false information to obtain pension benefits or accept unearned benefits.

MA H 1405    Torrisi (D)
Title:    Penalty for Failure to Timely Report Injuries
Status:    Pending
Summary:    Relates to the penalty for failure to timely report injuries under the workers' compensation law.

MA H 1406    Torrisi (D)
Title:    Burial Benefits Under the Workers Compensation Law
Status:    Pending
Summary:    Relates to burial benefits under the workers' compensation law.

MA H 1408    Torrisi (D)
Title:    Competitive Determination of Workers Compensation
Status:    Pending
Summary:    Relates to the competitive determination of workers compensation insurance rates.

MA H 1412    Walz (D)
Title:    Certain Independent Contractors Under the Labor Laws
Status:    Pending
Summary:    Relates to certain independent contractors under the labor laws for purposes of workers compensation and unemployment insurance.

MA H 1597    Fallon (D)
Title:    Prompt Treatment of Injuries Suffered By Fire Fighters
Status:    Pending
Summary:    Relates to the prompt treatment of injuries suffered by fire fighters in the line of duty.

MA H 1630    Nyman R (D)
Title:    Court Officers Injured in the Line of Duty
Status:    Pending
Summary:    Relates to the court officers injured in the line of duty by persons under their jurisdiction.

MA H 1633    O'Day (D)
Title:    Compensation of Injured Social Workers
Status:    Pending
Summary:    Relates to compensation of social workers who are physically injured in the performance of duty.

MA H 1664    Walsh M (D)
Title:    Disease Related Disability of Public Safety Personnel
Status:    Pending
Summary:    Relates to creating a rebuttable presumption of job relatedness for certain public safety personnel suffering from disabling conditions or death caused by exposure to infectious diseases via blood and other body fluids of the sick.

MA H 2288    Bradley (D)
Title:    Hospitalization Expenses for Injured Workers
Status:    Pending
Summary:    Relates to hospitalization expenses for injured workers as set by the Rate Setting Commission.

MA H 2289    Bradley (D)
Title:    Workers Compensation Benefits
Status:    Pending
Summary:    Relates to workers compensation benefits.

MA H 2290    Bradley (D)
Title:    Appointment of an Impartial Physician
Status:    Pending
Summary:    Relates to the appointment of an impartial physician to examine injured workers in workers' compensation cases.

MA H 2299    Jones (R)
Title:    Employees Willful Misconduct Injuries
Status:    Pending
Summary:    Provides that employees injured due to willful misconduct be prohibited from receiving any portion of compensation benefits.

MA H 2308    Sannicandro (D)
Title:    Civil Penalties of Stop Work Orders
Status:    Pending
Summary:    Relates to strengthening the civil penalties of stop work orders under the workers' compensation statute; provides that such order shall take effect immediately unless and will remain in effect until the employer provides certain evidence.

MA H 2311    Walsh M (D)
Title:    Medical Exposure of Concern Employee Payments
Status:    Pending
Summary:    Provides for the payment by the Commonwealth of wages, current benefits, co-pays and deductibles for workers who miss work due to a medical exposure of concern; provides that the Commonwealth shall cover 100% of these expenses.

MA H 2412    Bradley (D)
Title:    Massachusetts Rehabilitation Commission Employees
Status:    Pending
Summary:    Provides that certain employees of the Massachusetts Rehabilitation Commission or Department of Disability Determination Services, serving as an in-house medical consultant shall be eligible for membership in the state retirement system.

MA H 2442    Fresolo (D)
Title:    Disability Or Death Caused By Contagious Diseases
Status:    Pending
Summary:    Relates to disability or death of a full-time uniformed member of a paid police department, fire department or municipal emergency medical service provider caused by contagious diseases, including Hepatitis A, B, or C, Tuberculosis, HIV; provides for exemptions.

MA H 2824    Golden T (D)
Title:    Reform of the Civil Process Laws
Status:    Pending
Summary:    Relates to reform of the civil process laws; establishes a process office and provide for staffing and training; provides for certain benefits in case of injuries to deputy sheriffs and employees of the sheriff's office; provides that no sheriff, deputy, or employee shall have or acquire any legal right to the tangible or intangible property of the process office, nor any revenue derived from fees.

MA H 2868    Arciero (D)
Title:    Workers Compensation Disfigurement Provision
Status:    Pending
Summary:    Provides benefits for permanent functional loss and disfigurement under the Worker's Compensation Act.

MA H 2917    McMurtry (D)
Title:    Military Forces of the Commonwealth
Status:    Pending
Summary:    Relates to the military forces of the Commonwealth; provides for armories and leases of military property; establishes the national guard education assistance program which provides tuition exemptions for army members; provides for medical treatment and disability claims; provides for employment discrimination.

MA H 2944    Collins (D)
Title:    Third Party Contractors and Medical Oversight
Status:    Pending
Summary:    Provides that third party contractors providing medical oversight to firefighters covered under disability benefits should be mandated under the jurisdiction of the Secretary of State.

MA H 2948    Conroy (D)
Title:    Workers Compensation Claims Study
Status:    Pending
Summary:    Relates to a study of workers compensation and disability claims in the Commonwealth.

MA H 2953    Finn (D)
Title:    Inclusion of Correction Officers Under the Heart Law
Status:    Pending
Summary:    Includes correction officers under the Heart Law, so-called.

MA H 3175    Fresolo (D)
Title:    Disability Benefits for Workers with AIDS of HIV
Status:    Pending
Summary:    Relates to disability benefits for health care workers, police officers, fire fighters and emergency medical technicians infected with AIDS or the HIV virus.

MA H 3186    Kane (D)
Title:    Incapacitated Public Employees Leave Pay
Status:    Pending
Summary:    Relates to leave with pay for certain incapacitated public employees; extends leave with pay benefits to corrections officers.

MA H 3411    Aguiar (D)
Title:    Reinstatement of Disabled Police Officers
Status:    Pending
Summary:    Relates to the reinstatement of disabled police officers and classification as a conditional employee as a precondition of reinstatement to their positions; entitles such employees to continuation of disability status with no other compensation of rights due until successful completion of retraining programs.

MA H 3513    Keenan J (D)
Title:    Employees of Franchisors
Status:    Pending
Summary:    Clarifies the status of employees of franchisors; provides that an individual who owns a franchise, or is a party to certain franchise agreements shall not be considered an employee of the franchisor for purposes of workers compensation or unemployment insurance.

MA HD 53    Koutoujian (D)
Title:    Liability Expenses for Fire Fighter and Police Officers
Status:    Pending
Summary:    Relates to the liability expenses for fire fighter and police officers injured in the line of duty.

MA HD 749    Sannicandro (D)
Title:    Workers' Compensation
Status:    Pending
Summary:    Further regulates workers' compensation.

MA HD 774    Reinstein (D)
Title:    Duty Benefits for Environmental Police Officers
Status:    Pending
Summary:    Relates to injured on duty benefits for environmental police officers.

MA HD 1284    Galvin (D)
Title:    Impartial Medical Examinations
Status:    Pending
Summary:    Relates to impartial medical examinations.

MA HD 1315    Torrisi (D)
Title:    Failure to Timely Report Workers Injuries
Status:    Pending
Summary:    Relates to the penalty for failure to timely report injuries under the workers' compensation act.

MA HD 1316    Torrisi (D)
Title:    Burial Benefits Under the Workers' Compensation Act
Status:    Pending
Summary:    Provides for burial benefits under the workers' compensation act.

MA HD 1321    Torrisi (D)
Title:    Unemployment Insurance Rates
Status:    Pending
Summary:    Relates to unemployment insurance rates.

MA HD 2240    Sannicandro (D)
Title:    Civil Penalties of Stop Work Orders
Status:    Pending
Summary:    Relates to strengthening the civil penalties of stop work orders under the workers' compensation statute.

MA HD 2271    Jones (R)
Title:    Fairness in Workers' Compensation Benefits
Status:    Pending
Summary:    Relates to fairness in workers' compensation benefits.

MA HD 2391    Bradley (D)
Title:    Impartial Medical Examiners
Status:    Pending
Summary:    Relates to impartial medical examiners.

MA HD 2489    Fresolo (D)
Title:    An Employer's First Report of Injury Notices of Insured
Status:    Pending
Summary:    Relates to an employer's first report of injury notices of insured employee.

MA HD 3353    Fattman (R)
Title:    Legislative Compensation Reform
Status:    Pending
Summary:    Relates to legislative compensation reform.

MA HD 3379    Arciero (D)
Title:    Worker Compensation Act Loss and Disfigurement
Status:    Pending
Summary:    Provides benefits for permanent functional loss and disfigurement under the worker's compensation act.

MA S 445    Moore R (D)
Title:    Long Term Disability Insurance Plans
Status:    Pending
Summary:    Provides that can be made from private long term disability insurance plans; provides that benefits due under a policy of insurance insuring against disability from injury or disease shall not be reduced by federal social security disability benefits received by insured or spouse or other dependents.

MA S 844    Rosenberg (D)
Title:    Long Term Disability and Foreclosure Prevention
Status:    Pending
Summary:    Relates to long-term disability and foreclosure prevention; requires residential mortgage lenders and landlords to allow a mortgagee or lessee to defer payments and extend a mortgage term or lease term for a period proportional to the length of deferment; applies these provisions to a residential mortgagee or lessee who has an active application for long-term disability assistance.

MA S 925    Eldridge (D)
Title:    Workers Compensation
Status:    Pending
Summary:    Relates to workers compensation; relates to payment by insurers for health care services; provides that such payments shall be sufficient to ensure that the injured can afford all necessary care.

MA S 927    Hart (D)
Title:    Permanent Functional Loss and Disfigurement Benefits
Status:    Pending
Summary:    Provides benefits for permanent functional loss and disfigurement under the Worker's Compensation Act.

MA S 963    Tarr (R)
Title:    Fairness in Disability Adjudication Process
Status:    Pending
Summary:    Ensures fairness in the disability adjudication process; provides that if an insurer contests the total permanent disability of an employee under certain circumstances that contest shall be considered an action not based on reasonable grounds; provides for recording of hearings; provides for certain presumptions when an employee resumes work and is terminated; prohibits an insurer from participating in the medical judgments of any utilization review process except under certain circumstances.

MA S 1006    Brewer (D)
Title:    Fire Districts
Status:    Pending
Summary:    Includes fire districts; amends provisions relating to payment of funeral and burial expenses of fire fighters and police officers killed in performance of duties; relates to disability retirement of call or volunteer fire fighters and reserve police officers; relates to acceptance of grants or gifts of funds by municipal officers and creditable service for police and fire department members.

MA S 1339    Moore M (D)
Title:    Noncontributory Retirement
Status:    Pending
Summary:    Relates to noncontributory retirement; extends certain provisions to an individual who is unable to perform the essential duties of his job as a result of an injury sustained or a hazard undergone as a result of, and while in the performance of, his duties that is likely to be permanent, who is retired and receiving a noncontributory retirement allowance; extends certain eligibility to veterans for retroactive additional yearly retirement allowance.

MA S 1409    Welch J (D)
Title:    Impairment of Health Caused By Infectious Disease
Status:    Pending
Summary:    Relates to impairment of health caused by infectious disease resulting in total or partial disability or death to an employee of a correctional facility; provides that if he successfully passed a physical examination on entry into such service, or subsequently successfully passed a physical examination, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, unless the contrary be shown by competent evidence.

MA S 1828    McGee (D)
Title:    Workers Compensation for Veterans
Status:    Pending
Summary:    Relates to workers compensation for veterans.

MA SD 721    Hart (D)
Title:    Disfigurement Worker Compensation
Status:    Pending
Summary:    Provides benefits for permanent functional loss and disfigurement under the Worker's Compensation Act.

MA SD 1413    McGee (D)
Title:    Workers Compensation for Veterans
Status:    Pending
Summary:    Relates to workers compensation for veterans.

MA SD 1554    McGee (D)
Title:    Worker Compensation Insurance Penalties
Status:    Pending
Summary:    Relates to the penalty for failure to provide workers' compensation insurance.
Michigan
MI H 4181    Brown L (D)
Title:    Occupational Cancer
Status:    Pending
Summary:    Provides presumption for certain firefighters regarding occupational cancer and worker's compensation disability benefits.

MI H 4552    Kurtz (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Allows certain volunteers to collect worker's compensation through the state under certain circumstances.

MI H 5002    Jacobsen (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Modifies definition of disability and conditions on compensation for covered injuries; relates to wage earning capacity, degenerative arthritis, mental disability, hernias, wage loss, unemployment insurance, classes of employees for whom personal injury includes respiratory and heart disease and professional athlete exemptions.

MI S 94    Rocca (R)
Title:    Occupational Cancer
Status:    Pending
Summary:    Provides presumption for certain firefighters regarding occupational cancer.

MI S 242    Schuitmaker (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Expands Worker's Disability Compensation Act to expand employee definition to include reserve and auxiliary officers.

MI S 321    Jones Ri (R)
Title:    Medical Marijuana
Status:    Pending
Summary:    Exempts medical marijuana from allowable insurance expenses for medical care.

MI S 708    Jansen (R)
Title:    Workers' Compensation
Status:    Pending
Summary:    Relates to Workers' Compensation; defines disability and conditions on compensation for covered injuries.

MI 6 2011    Executive Order 2011-6
Title:    Michigan Compensation Appellate Commission
Effective:    08/01/2011
Summary:    Creates the Michigan Compensation Appellate Commission; transfers to the Compensation Appellate Commission the powers and duties of the Workers' Compensation Appellate Commission and the Michigan Employment Security Board of Review.
Minnesota
MN H 1038    Sanders T (R)
Title:    State Government
Status:    Pending - Carryover
Summary:    Relates to state government; requires the Department of Labor and Industry to issue a request for proposals for a contract to reduce improper workers' compensation payments.

MN H 1049    Gunther (R)
Title:    Jobs, Economic Development, and Housing
Status:    Pending - Carryover
Summary:    Relates to jobs, economic development, workers compensation and housing; appropriates money; relates to used manufactured homes and construction contractors; relates to affordable housing and foreclosure prevention via financial literacy education; relates to small business tax credits; relates to fraudulently acquired unemployment benefits; amends fee schedule for certain licenses.

MN H 1628    Murphy M (DFL)
Title:    Retirement
Status:    Pending - Carryover
Summary:    Relates to retirement; first class city teacher retirement fund associations; adds a definition for vesting; modifies eligibility for leave of absence, retirement, survivor, and disability benefits.

MN S 771    Gerlach (R)
Title:    Department of Commerce Appropriations
Status:    Pending - Carryover
Summary:    Appropriates money to the Department of Commerce for petroleum cleanup, workers' compensation, and financial institution examinations; authorizes the Commissioner of Commerce to issue contracts for financial examinations; authorizes transfers from various funds, including the Insurance Fraud Prevention Fund, to the General Fund; authorizes reimbursements for used oil storage facility releases; extends the termination of provisions relating to petroleum tank release cleanup.

MN S 1159    Lillie T (R)
Title:    Workers Compensation
Status:    Enacted 05/27/2011
Summary:    Provides a Revisor's Bill; relates to workers compensation; increases the amount available for remodeling or alteration projects; appropriates money; provides powers of the chief administrative law judge
Mississippi
MS H 61    Formby (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; revises criteria for drug and alcohol testing; increases benefits for disfigurement, vocational rehab and death.

MS H 72    Formby (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; increases benefits for disfigurement, vocational rehab and death; allows employer to request autopsy.

MS H 73    Formby (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; provides that results of drug and alcohol test, employer-administered or otherwise, are admissible for certain purposes.

MS H 75    Formby (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; clarifies the exclusiveness of liability; provides penalties for bad faith claims.

MS H 159    Evans B (D)
Title:    Bad Faith Employment Determinations
Status:    Failed
Summary:    Abolishes employment at will; requires employment determinations to be made in good faith; defines such term to mean a discharge of an employee only for legitimate, bona fide business reasons, and not for arbitrary reasons unrelated to the business needs of the employer; provides that discharges made for personal reasons, race, worker illness or injury, the filing of a worker's compensation claim, reporting of illegal activity, or certain other reasons shall be considered bad faith discharges.

MS H 225    Mayo (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; prohibits discharge of employee filing claim in good faith.

MS H 398    Upshaw (R)
Title:    Workers Compensation Commission
Status:    Failed
Summary:    Removes review of Workers' Compensation Commission decisions by circuit courts; provides for direct appeal to the Mississippi Supreme Court from the Workers' Compensation Commission.

MS H 424    Hines (D)
Title:    Medical Records
Status:    Failed
Summary:    Provides that when a person is seeking disability benefits, the health care providers who examine the person to determine the person's eligibility for the benefits being sought shall provide the person with copies of their medical records at no charge until after the final determination of disability has been made.

MS H 435    Hines (D)
Title:    Workers Compensation Law
Status:    Failed
Summary:    Increases the maximum total compensation that a person may recover under the Workers' Compensation Law to five hundred twenty weeks.

MS H 437    Hines (D)
Title:    Workers Compensation Coverage
Status:    Failed
Summary:    Requires every carrier providing workers' compensation insurance coverage to an employer to provide coverage to every employee of that employer who has a nonviolent felony conviction record.

MS H 1057    Reynolds (D)
Title:    Child Support
Status:    Failed
Summary:    Provides that child support arrearage received in a lump sum from disability payments shall be credited to the entire amount of arrearage.

MS H 1222    Gunn (R)
Title:    Workers Compensation Commission
Status:    Failed
Summary:    Allows an insurance carrier, employee or the Mississippi Workers' Compensation Commission to request a medical examination by a designated doctor to resolve certain questions regarding an injured employee; allows the Mississippi Workers' Compensation Commission to extend the time period for maximum medical recovery when an employee has had spinal surgery or has been approved for spinal surgery; requires the commission to maintain an Ombudsman Program to assist injured employees and persons claiming death.

MS S 2029    Hewes (R)
Title:    Workers Compensation Drug Testing
Status:    Failed
Summary:    Provides for the admissibility of drug and alcohol testing, employer administered or otherwise, solely on the issue of causation at the time of injury for workers' compensation.

MS S 2075    Dearing (D)
Title:    Personal or Medical Leave
Status:    Failed
Summary:    Provides that state law enforcement officers who are injured by wound or accident in the line of duty shall not be required to use earned personal or major medical leave during the period of recovery.

MS S 2077    Dearing (D)
Title:    Major Medical Leave
Status:    Failed
Summary:    Provides that certain law enforcement officers employed by state agencies who are injured by wound or accident in the line of duty shall not be required to use earned major medical leave during the period of recovery from such injury.

MS S 2276    Harden (D)
Title:    Workers Compensation Transportation
Status:    Failed
Summary:    Requires workplace medical services and transportation to be available for injured persons under the workers' compensation law.

MS S 2279    Harden (D)
Title:    Workers Compensation Law
Status:    Failed
Summary:    Provides that under the workers' compensation law, an injured employee shall have the right to select the specialists, practitioners or health care providers of his choosing who provide the type of treatment that is prescribed by his chosen physician.

MS S 2421    Clarke E (R)
Title:    Workers Compensation Commission
Status:    Failed
Summary:    Provides that decisions made by the Workers' Compensation Commission may be appealed directly to the court of appeals.

MS S 2645    Jackson R (D)
Title:    Workers Compensation Disability Payments
Status:    Failed
Summary:    Increases the maximum period of time allowed for the receipt of workers' compensation disability payments.
Missouri
MO H 91    Nolte (R)
Title:    Workers Compensation Cases Co-employee Liability
Status:    Failed - Adjourned
Summary:    Restricts co-employee liability in workers' compensation cases.

MO H 160    Brandom (R)
Title:    Workers Compensation Cases
Status:    Failed - Adjourned
Summary:    Restricts co-employee liability in workers' compensation cases.

MO H 162    Fisher (R)
Title:    Workers' Compensation Law
Status:    Failed - Adjourned
Summary:    Provides for an employer's liability to furnish worker's compensation for an occupational disease.

MO H 221    McNary (R)
Title:    Workers' Compensation Statutes
Status:    Failed - Adjourned
Summary:    Provides that an employer or employee of that employer is not liable for injury or death for which compensation is recoverable under the workers' compensation statutes.

MO H 701    Colona (D)
Title:    Job Injury Health Care Provider
Status:    Failed - Adjourned
Summary:    Allows an employee who is injured on the job to select his or her own health care provider to cure and relieve the effects of the injury at the expense of the employer.

MO H 788    Fisher (R)
Title:    Workers' Compensation and the Second Injury Fund
Status:    Failed - Adjourned
Summary:    Changes the Laws regarding workers' compensation and the Second Injury Fund.

MO H 1026    Kirkton (D)
Title:    Mental Health Insurance Parity
Status:    Failed - Adjourned
Summary:    Expands the mental health insurance parity requirements to include long-term disability benefits.

MO S 8    Goodman (R)
Title:    Workers' Compensation Cases
Status:    Failed - Adjourned
Summary:    Restricts co-employee liability in workers' compensation cases; ensures that co-employees shall not be released from liability for negligence in performing the non-delegable duty of an employer to provide a safe workplace when the negligence harms another employee unless the negligent employee engaged in purposeful, affirmatively dangerous conduct.

MO S 238    Schmitt (R)
Title:    Firefighter Line of Duty Disease Benefits
Status:    Enacted 07/07/2011
Summary:    Modifies provisions that affect claims by firefighters for disability or death benefits; provides that, if after 5 years of service a firefighter's health is impaired due to certain infectious diseases, it will be presumed that this disease was suffered in the line of duty, unless there is evidence to the contrary; provides that firefighters are required to submit to an annual physical examination, at which a blood sample is administered, in order to receive that presumption.
Montana
MT D 67    Economic Affairs Interim Committee
Title:    Workers' Compensation
Status:    Failed - Adjourned
Summary:    Relates to revising course and scope of employment for workers' compensation.

MT D 68    Economic Affairs Interim Committee
Title:    Medical Claim Settlements
Status:    Failed - Adjourned
Summary:    Relates to revising medical claim settlements for workers' compensation.

MT D 69    Economic Affairs Interim Committee
Title:    Claim Closure for Workers' Compensation
Status:    Failed - Adjourned
Summary:    Relates to revising claim closure for workers' compensation.

MT D 627    Welborn (R)
Title:    Firefighters and Emergency Medical Services Workers
Status:    Failed - Adjourned
Summary:    Provides workers' compensation to retired volunteer firefighters and Emergency Medical Services workers on duty; relates to emergency and disaster services; relates to workers' compensation; relates to fires and fire protection.

MT D 655    Vance (R)
Title:    Workers' Compensation for Illegal Aliens
Status:    Failed - Adjourned
Summary:    Provides that illegal aliens may not receive workers' compensation; relates to workers' compensation.

MT D 1625    Brodehl (R)
Title:    Fraudulent Workers' Compensation Claims
Status:    Failed
Summary:    Revises penalty for fraudulent workers' compensation claims; relates to workers' compensation.

MT D 2159    Hill (D)
Title:    Workers Compensation for Certain Firefighter Conditions
Status:    Failed
Summary:    Revises workers' compensation for certain firefighter conditions; relates to workers' compensation; relates to fires and fire protection.

MT H 43    MacLaren (R)
Title:    Employee Use of Medical Marijuana
Status:    Enacted 05/06/2011
Summary:    Clarifies employer's rights related to workers' compensation benefits, drug testing and disciplinary action involving an employee's medical use of marijuana; expands the types of employees covered by the workforce drug and alcohol testing act; creates employment-related exceptions to the protections of the Medical Marijuana Act; relates to driving a motor vehicle as part of work duties, the instruction or supervision of minors or a fiduciary responsibility for an employer; limits adverse action.

MT H 71    Vance (R)
Title:    Illegal Aliens and Workers' Compensation
Status:    Failed
Summary:    Provides that illegal alien may not receive workers' compensation; relates to workers' compensation.

MT H 87    Hunter (D)
Title:    Labor and Management Advisory Council
Status:    Failed
Summary:    Revises workers' compensation laws; implements recommendations of the Labor-Management Advisory Council; provides a process for closing workers' compensation claims; reduces the time for insurers to accept or deny a claim; revises conditions for temporary total disability benefits; revises the process for providing costs and attorney fees for disputed medical benefits awarded by court; revises vocational rehabilitation services and terms; provides conditions for retraining benefits.

MT H 311    Brodehl (R)
Title:    Fraudulent Workers' Compensation Claims
Status:    Failed
Summary:    Revises penalty for fraudulent workers' compensation claims; relates to workers' compensation; relates to crimes.

MT H 334    Reichner (R)
Title:    Workers' Compensation
Status:    Enacted 04/12/2011
Summary:    Revises workers' compensation laws; relates to closure and reopening of medical claims, the permanent partial disability definition and benefits, what constitutes course and scope of employment, settlements of claims, designation of treating physicians, pay scales for treating physicians and providers, limitations on medical pay schedules, reports on the Montana State Fund, vocational rehabilitation services, a stay-at-work/return-to-work assistance fund, and certain premium surcharge rates.

MT H 359    Vance (R)
Title:    Workers Compensation Settlements
Status:    Enacted 03/23/2011
Summary:    Revises workers' compensation law on settlements and lump-sum payments; provides that a claimant and an insurer may convert benefits into a lump sum; provides for certain lump-sum for medical benefits on an accepted claim if the claimant has reached maximum medical improvement and certain conditions are met; provides that if a claimant and insurer agree to a settlement or a lump-sum payment but the disagreement is disapproved, the parties may request a review without mediation.

MT H 505    Hill (D)
Title:    Workers' Compensation for Firefighter Conditions
Status:    Failed
Summary:    Revises workers' compensation for certain firefighter conditions; relates to fires and fire protection; relates to workers' compensation; relates to rule making.

MT H 508    McNally (D)
Title:    Payment of Partial Salary to Injured Rural Firefighter
Status:    Enacted 04/12/2011
Summary:    Revises compensation for rural firefighters; provides for payment of a partial salary to injured rural firefighters for medical treatment; limits the payment of the partial salary to full-paid employees under certain circumstances; requires full-paid firefighters to be paid the difference between the firefighter's net salary, after income tax and pension contributions, and the amount from workers' compensation until the disability has ceased or for a period not to exceed 1 year.

MT H 552    Hale (R)
Title:    Workers Compensation
Status:    Enacted 04/21/2011
Summary:    Revises workers' compensation laws related to volunteer firefighters and emergency medical technicians; allows levies within a fire district used to fund public safety volunteers' disability income insurance to be used alternatively for workers' compensation coverage.

MT S 32    Wanzenried (D)
Title:    Interim Committee Laws
Status:    Enacted 03/30/2011
Summary:    Revises the laws relating to legislative interim committees; provides that the State Compensation Insurance Fund and Board shall be included under the Economic Affairs Interim Committee; provides that the Office of State Public Defender shall be included under the Law and Justice Interim Committee.

MT S 232    Keane (D)
Title:    Workers' Compensation Fund
Status:    Failed
Summary:    Transfers state fund management of workers' compensation old fund to successful bidder; relates to insurance; relates to workers' compensation; relates to state revenue.

MT S 242    Brenden (R)
Title:    Agricultural Labor
Status:    Enacted 04/21/2011
Summary:    Revises workers compensation laws; relates to the independent contractors' exemption; revises the definition of employee with respect to temporary agricultural employment.

MT S 243    Zinke (R)
Title:    General Revision of Workers Compensation Law
Status:    Failed
Summary:    Concerns the general revision of workers' compensation law; relates to state revenue; relates to workers' compensation; relates to rule making.

MT S 287    Keane (D)
Title:    Workers' Compensation Coverage Requirements
Status:    Enacted 04/15/2011
Summary:    Requires certain corporate officers or managers of limited liability companies working in the construction industry to be covered by workers' compensation or to obtain an independent contractor exemption certificate.
Nebraska
NE L 7    Special Committee on the Executive Board of the Legislative Council
Title:    Nebraska Workers' Compensation Court
Status:    Enacted 02/10/2011
Summary:    Relates to the Nebraska Workers' Compensation Court; repeals a transitional provision relating to Laws 1992, LB 360 regarding applicability of prior law.

NE L 120    Avery (NP)
Title:    Risk Management Program
Status:    Pending - Carryover
Summary:    Relates to the Risk Management Program; provides for the costs of administering the program to be paid out of the Workers' Compensation Claims Revolving Fund and the State Insurance Fund; eliminates the appropriation of General Fund money for the program.
NE L 151    Lathrop (NP)
Title:    Nebraska Workers' Compensation Court
Status:    Enacted 05/24/2011
Summary:    Changes location, hearing, and document provisions of the Nebraska Workers' Compensation Court; eliminates powers and duties of the Nebraska Workers' Compensation Court and judges of the compensation court; changes provisions relating to hearings and appeals; eliminates review by a three-judge panel; to authorize modification of awards and orders; provides for employer and employee appeals from an award from the court; provides for attorney's fees; relates to nonresident employers and resident employees.

NE L 152    Lathrop (NP)
Title:    Workers' Compensation Act
Status:    Enacted 05/26/2011
Summary:    Relates to the State Workers' Compensation Act; provides for a trauma services inpatient hospital fee schedule.

NE L 153    Lathrop (NP)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers compensation; changes reimbursement for medical services.

NE L 238    Conrad (NP)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Eliminates workers' compensation three-judge review and change certain procedural provisions.

NE L 245    Carlson (NP)
Title:    Employee Medical Records
Status:    Pending - Carryover
Summary:    Provides for release of employee medical records as prescribed under the Nebraska Workers' Compensation Act.

NE L 272    Fulton (NP)
Title:    Nebraska Workers' Compensation Act
Status:    Pending - Carryover
Summary:    Provides for confidentiality and limited access to first-injury reports under the Nebraska Workers' Compensation Act.

NE L 291    Nelson (NP)
Title:    Workers' Compensation Act
Status:    Pending - Carryover
Summary:    Changes periodic payment modification provisions under the Nebraska Workers' Compensation Act.

NE L 341    Smith (NP)
Title:    Workers' Compensation Benefits
Status:    Pending - Carryover
Summary:    Relates to workers' compensation benefits; includes workers' compensation benefits as income for support payments.

NE L 506    Wallman (NP)
Title:    Nebraska Workers Compensation Act
Status:    Pending - Carryover
Summary:    Changes definitions of wages for the Nebraska Workers' Compensation Act.
Nevada
NV A 131    Assembly Commerce and Labor Committee
Title:    Occupational Diseases
Status:    Failed
Summary:    Revises provisions governing certain occupational diseases; exempts the claims of firefighters, police officers, arson investigators and emergency medical attendants from the requirement that a person must be incapacitated from earning full wages for at least 5 days within a 20-day period in order to receive compensation for disability.

NV A 141    Goicoechea (R)
Title:    Workers Compensation for Fire Fighters
Status:    Enacted 05/27/2011
Summary:    Expands the frequency with which certain volunteer firefighters must submit to physical examinations upon initial employment, upon commencement of coverage, and once every even-numbered year until the employee is a certain age or older to receive workers' compensation coverage for certain occupational diseases; revises provisions relating to the procedure for scheduling such physical examinations under certain circumstances.

NV A 256    Assembly Commerce and Labor Committee
Title:    Provisions Governing Workers Compensation
Status:    Failed
Summary:    Revises various provisions governing Workers' Compensation; allowing wages from certain employment in another jurisdiction to be included in calculating average monthly wage; removes provisions authorizing benefit penalties to be imposed against insurers and third-party administrators; relates to the payment of benefits; establishing various requirements relating to claims; repealing the prohibition against bringing or maintaining a cause of action against an insurer or third party.

NV A 267    Ohrenschall J (D)
Title:    Representation of Injured Workers
Status:    Failed
Summary:    Revises provisions governing representation of injured workers in hearings or other meetings concerning industrial insurance claims.

NV A 396    Diaz (D)
Title:    Cooperative Training Exercises Immunity
Status:    Enacted 05/31/2011
Summary:    Provides that when an employee of a state or local government employer is injured by accident sustained during the course of employment while participating in cooperative governmental activities, industrial insurance extends to the government employer of the injured employee and any act or failure to act which creates liability on the part of any of the government employers is deemed to be the act or failure to act of the government employer of the injured employee.

NV A 464    Assembly Judiciary Committee
Title:    Certain Technical Corrections Made to NRS and Statutes
Status:    Enacted 05/10/2011
Summary:    Ratifies certain technical corrections made to NRS and Statutes of Nevada; includes provisions relating to ad valorem tax rates, geothermal severance taxes, large-scale solar facility tax abatements, local sales and use taxes, workers compensation claims practices by an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company, and other topics.

NV BDR 100    Subcmt to Review U.S. Dept. of Labor Rpt on Nevada Occupational Safety/Health Program
Title:    Occupational Safety and Health
Status:    Failed - Adjourned
Summary:    Makes various changes concerning assessments, fees, fines and settlements relating to occupational safety and health.

NV BDR 168    Legislative Commission's Subcommittee to Study Employee Misclassification
Title:    Independent Contractor Definition
Status:    Failed - Adjourned
Summary:    Amends definition of "independent contractor" for purposes of workers' compensation law.

NV BDR 479    Office of the Attorney for Injured Workers
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Revises the burden of proof for the reopening of workers' compensation claims for consideration of compensation for permanent partial disability.

NV BDR 611    Ohrenschall J (D)
Title:    Representation of Injured Workers
Status:    Failed - Adjourned
Summary:    Revises provisions governing representation of injured workers in hearings or other meetings concerning industrial insurance claims.

NV BDR 717    Office of Rhoads
Title:    Presumptive Occupational Disease Coverage
Status:    Failed - Adjourned
Summary:    Revises provisions governing post-employment eligibility for presumptive occupational disease coverage.

NV S 20    Senate Commerce, Labor, and Energy Committee
Title:    Industrial Insurance Deceased Worker Information
Status:    Failed
Summary:    Relates to industrial insurance; requires insurers to provide information within a specified time regarding benefits to survivors and dependents of deceased workers killed in an industrial accident.

NV S 21    Senate Commerce, Labor, and Energy Committee
Title:    Industrial Insurance
Status:    Enacted 05/30/2011
Summary:    Relates to industrial insurance; revises provisions concerning catastrophic injuries; specifies additional injuries that constitute a catastrophic injury; revises the qualification of a certified vocational rehabilitation counselor; revises provisions governing claims for catastrophic injuries; revises the requirements of a life care plan developed by an insurer for an injury employee; revises the qualification of a adjuster who administers a claim for a catastrophic injury.

NV S 58    Senate Commerce, Labor, and Energy Committee
Title:    Industrial Insurance Benefits
Status:    Enacted 06/01/2011
Summary:    Provides it is a misdemeanor for an employer to knowingly misrepresent or conceal a material fact relating to a person's eligibility for industrial insurance benefits; grants immunity to persons who disclose such information; authorizes the Attorney General to prosecute civil and criminal actions; provides that books, records and payroll must be open to inspection; provides that such employer is liable for costs of prosecution; requires a health care provider to make health care records available.

NV S 63    Senate Commerce, Labor, and Energy Committee
Title:    Uninsured Employers' Claim Account
Status:    Enacted 06/01/2011
Summary:    Relates to industrial insurance and the Uninsured Employers' Claim Account; establishes provisions for the collection of amounts owed to the Division of Industrial Relations of the Department of Business and Industry for payments from the Uninsured Employers Claim Account; revises provisions governing the penalty for failure to provide mandatory industrial insurance; prohibits conduct by persons who fail to pay amounts owed to the Division for payments from the Uninsured Employers' Claim Account.

NV S 135    Rhoads (R)
Title:    Occupational Diseases
Status:    Failed
Summary:    Revises provisions governing the presumption of eligibility for coverage for certain occupational diseases.

NV S 164    Schneider (D)
Title:    Third party Administrators
Status:    Enacted 06/17/2011
Summary:    Revises provisions relating to claims examiners for third-party administrators and vocational rehabilitation counselors; authorizes the Administrator of the Division of Industrial Relations of the Department of Business and Industry to determine whether a third-party administrator has adequate facilities in this State to administer claims and to conduct such investigations and examinations of third-party administrators as the Administrator deems reasonable.

NV S 242    Senate Commerce, Labor, and Energy Committee
Title:    Workers Compensation
Status:    Failed
Summary:    Revises provisions relating to workers' compensation.

NV S 394    Senate Government Affairs Committee
Title:    Liability of a General Contractor
Status:    Failed
Summary:    Revises provisions governing the liability of a general contractor or subcontractor for certain benefit payments.
New Hampshire
NH H 236    Infantine (R)
Title:    Workers Compensation for Illegal Aliens
Status:    Pending - Carryover
Summary:    Relates to Workers' Compensation for illegal aliens.

NH H 275    Weed (D)
Title:    Employers Private Right of Action
Status:    Failed
Summary:    Establishes an Employers' Private Right of Action to enforce the payment of Workers' Compensation coverage.

NH H 499    Richardson G (D)
Title:    Employers Lien from Workers Compensation
Status:    Failed
Summary:    Relates to the employer's lien on damages and benefits recovered from third persons by employees who have received Workers' Compensation.

NH LSR 299    Weed (D)
Title:    Employers and Workers' Compensation
Status:    Pending - Carryover
Summary:    Establishes an employers private right of action to enforce the payment of workers' compensation coverage.

NH LSR 748    Infantine (R)
Title:    Independent Contractors and Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to independent contractors under workers' compensation.

NH LSR 752    Richardson G (D)
Title:    Lien on Damages and Benefits
Status:    Pending - Carryover
Summary:    Relates to the employer's lien on damages and benefits recovered from third persons by employees who have received workers' compensation.

NH LSR 816    Infantine (R)
Title:    Undocumented Workers
Status:    Pending - Carryover
Summary:    Relates to workers' compensation for undocumented workers.

NH LSR 1002    Office of Boutin
Title:    Workers' Compensation Health Care Fees
Status:    Pending - Carryover
Summary:    Relates to health care fees in workers' compensation.

NH LSR 2339    Infantine (R)
Title:    Workers' Compensation Coverage
Status:    Pending - Carryover
Summary:    Relates to workers' compensation coverage and safety program requirements in state contracts.

NH S 62    Stiles (R)
Title:    Return to Work Program
Status:    Enacted 05/16/2011
Summary:    Relates to persons participating in the Return to Work Program; provides relative to workers' compensation eligibility.

NH S 71    Boutin (R)
Title:    Health Care Fees in Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to health care fees in Workers' Compensation.
New Jersey
NJ A 292    Rumpf (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Excludes certain illegal aliens from workers' compensation and temporary disability benefits.

NJ A 958    Johnson (D)
Title:    Accidental Disability Allowance
Status:    Pending
Summary:    Establishes presumption of eligibility for accidental disability allowance for certain public employees who worked in certain locations following September 11, 2001 attack in New York City.

NJ A 959    Johnson (D)
Title:    Accidental Disability Retirement Allowance
Status:    Pending
Summary:    Creates presumption regarding disability pension and workers compensation eligibility for public employees and emergency personnel participating in World Trade Center operations; requires Commissioner of Health and Senior Services to develop health regis.
NJ A 1250    Stender (D)
Title:    First Responders Protection Act
Status:    Pending
Summary:    Relates to the Thomas P. Canzanella Twenty First Century First Responders Protection Act; concerns workers' compensation for public safety workers.

NJ A 1478    Wisniewski (D)
Title:    Professional Musicians
Status:    Pending
Summary:    Includes services performed by professional musicians or persons otherwise engaged in performing arts as employment for purposes of unemployment insurance and workers' compensation benefits.

NJ A 1566    Scalera (D)
Title:    Firefighters With Cancer Workers Compensation
Status:    Pending
Summary:    Concerns workers' compensation for firefighters with cancer.

NJ A 1595    Scalera (D)
Title:    Volunteer Firemen Workers Compensation
Status:    Pending
Summary:    Grants workers' compensation coverage to volunteer firefighters going to or returning from their stations when called to a fire.

NJ A 1689    Burzichelli (D)
Title:    Workers Compensation Supplemental Benefits
Status:    Pending
Summary:    Concerns certain workers' compensation supplemental benefits.

NJ A 2189    Moriarty (D)
Title:    State Employee Sick Leave Injury Program Termination
Status:    Pending
Summary:    Terminates sick leave injury program for State employees injured after July 1, 2011 or upon expiration of current collective negotiation agreement.

NJ A 2448    Rumpf (R)
Title:    Intoxicated Employees and Workers Compensation
Status:    Pending
Summary:    Prevents intoxicated employees from receiving workers' compensation.

NJ A 2459    DeCroce (R)
Title:    Sick Leave and Disability Benefits
Status:    Pending
Summary:    Makes various changes concerning payments to public employees for unused sick leave, sick leave injury in State service, and Public Employees' Retirement System and TPAF disability retirement.

NJ A 3112    IAlbano (D)
Title:    State Employees Sick Leave Injury Program
Status:    Pending
Summary:    Reinstates State sick leave injury program for State employees who are members of Police and Firemen's Retirement System or SPRS.

NJ A 3166    Egan (D)
Title:    Workers Compensation
Status:    Pending
Summary:    Increases workers' compensation for loss of hand or foot.

NJ A 3726    DeAngelo (D)
Title:    New Jersey Workers Compensation
Status:    Pending
Summary:    Provides workers' compensation coverage for participants of Back to Work New Jersey Program.

NJ A 3854    Milam (D)
Title:    Requested Medical Exam for Disability
Status:    Pending
Summary:    Extends period for requested medical exam for disability benefits under Police and Firemen's Retirement System to every two years until 55 years of age.

NJ A 4101    Burzichelli (D)
Title:    Licensure of Rehabilitation Counselors
Status:    Pending
Summary:    Eliminates licensure of rehabilitation counselors.

NJ AR 102    Handlin (R)
Title:    Jones Act Provisions Blanket Waiver
Status:    Pending
Summary:    Memorializes President to order blanket waiver of Jones Act provisions that impede foreign assistance with Gulf oil cleanup.

NJ S 109    Connors C (R)
Title:    Illegal Alien Workers Compensation Benefits
Status:    Pending
Summary:    Excludes certain illegal aliens from workers' compensation and temporary disability benefits.

NJ S 190    Scutari (D)
Title:    Sick Leave Injury Program Termination
Status:    Pending
Summary:    Terminates sick leave injury program for certain State employees injured after January 1, 2007 or expiration of current collective negotiation agreement.

NJ S 229    Kean S (R)
Title:    Workers Compensation
Status:    Pending
Summary:    Concerns repayment of workers' compensation by pension recipients.

NJ S 676    Sarlo (D)
Title:    Workers' Compensation
Status:    Pending
Summary:    Increases workers' compensation for loss of hand or foot.

NJ S 935    Sweeney (D)
Title:    Workers Compensation Benefits
Status:    Pending
Summary:    Concerns certain workers' compensation supplemental benefits.

NJ S 1203    Connors C (R)
Title:    Intoxicated Workers' Compensation
Status:    Pending
Summary:    Prevents intoxicated employees from receiving workers' compensation.

NJ S 1252    Madden (D)
Title:    Surviving Spouses Workers Compensation
Status:    Pending
Summary:    Provides surviving spouses of certain fire and police personnel who die in line of duty with workers' compensation for entire period of survivorship.

NJ S 1294    Van Drew (D)
Title:    Police and Emergency Services
Status:    Pending
Summary:    Assures workers' compensation benefits to police, fire and emergency personnel rendering aid under certain emergency circumstances.

NJ S 1624    Girgenti (D)
Title:    First Responders Protection Act
Status:    Pending
Summary:    Enacts the Thomas P. Canzanella Twenty First Century First Responders Protection Act; concerns workers' compensation for public safety workers.

NJ S 1672    Pennacchio (R)
Title:    Public Safety Worker Dependent Benefits
Status:    Pending
Summary:    Concerns certain workers' compensation supplemental benefits for surviving dependents of public safety workers who die in the line of duty.

NJ S 2186    Van Drew (D)
Title:    State Sick Leave Injury Program
Status:    Pending
Summary:    Reinstates State sick leave injury program for State employees who are members of Police and Firemen's Retirement System or SPRS.

NJ S 2446    Scutari (D)
Title:    Attorney Fees for Workers Compensation Awards
Status:    Pending
Summary:    Concerns attorney fees for workers' compensation awards.

NJ S 2587    Greenstein (D)
Title:    Back to Work Program Workers Compensation Coverage
Status:    Pending
Summary:    Provides workers' compensation coverage for participants of Back to Work NJ Program.

NJ S 2739    Van Drew (D)
Title:    Sick Leave Injury Program for State Corrections
Status:    Pending
Summary:    Reinstates sick leave injury program for State corrections officers and juvenile justice officers under certain circumstances.
New Mexico
NM H 356    Roch (R)
Title:    Workers Compensation and Alcohol or Drug Influence
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation; prohibits compensation under the Workers' Compensation Act if the worker is under the influence of alcohol or illegal drugs, whether or not the cause of the injury.

NM S 274    Lopez (D)
Title:    Workers Compensation Judge Appointment Qualification
Status:    Vetoed 04/08/2011
Summary:    Relates to insurance; amends a section of the Workers' Compensation Act to provide for qualification of appointment of workers' compensation judges and for processing of complaints against them.
New York
NY A 107    Cahill (D)
Title:    Benefits for Injuries Sustained
Status:    Pending
Summary:    Provides eligibility for benefits for injuries sustained while performing the high risk duties of law enforcement.

NY A 178    Cahill (D)
Title:    Surgical First Assistant Services
Status:    Failed
Summary:    Amends the Insurance Law, the Social Services Law and the Workers' Compensation Law; relates to reimbursement for surgical first assistant services; prohibits denial of such coverage exclusively on the basis that non-physician surgical first assistant services were performed by a registered nurse first assistant who is certified in operating room nursing.

NY A 181    Cahill (D)
Title:    Volunteer Firefighter Benefit Claims
Status:    Pending
Summary:    Requires the Workers' Compensation Board to establish a volunteer firefighters' benefit claim assistance unit to initiate contact with firefighters or surviving dependents and assist with claims.

NY A 186    Cahill (D)
Title:    Disability Benefits
Status:    Pending
Summary:    Provides for cost-of-living adjustments of disability benefits for an employee with a permanent total disability.

NY A 1005    Peoples-Stokes (D)
Title:    Environmental Standards in Insurance Business
Status:    Pending
Summary:    Establishes environmental standards and protections in the insurance business; provides incentives and tax credits for offering green insurance; establishes Green Insurance provisions regarding automobile insurance, property insurance, workers compensation insurance and green investments; permits regulations and hearings regarding green insurance for automobiles; allows an insured, after loss, to replace building materials with green alternatives; establishes the workers compensation claims cost benchmark.
NY A 1437    Dinowitz (D)
Title:    Tobacco Exposure Worker's Compensation
Status:    Pending
Summary:    Exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers' compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to the nature of employment.

NY A 1754    Lancman (D)
Title:    Hearing Before a Workers Compensation Law Judge
Status:    Pending
Summary:    Provides that a hearing shall be held before a workers compensation law judge within twenty days from the filing of an application for hearing accompanied by supporting evidence made by any party in any case, except a case being initially controverted.

NY A 1817    Jeffries (D)
Title:    Uncontroverted Workers Compensation Claim Hearings
Status:    Pending
Summary:    Requires uncontroverted workers' compensation claim hearings to be heard within 20 days of the filing of an application therefor.

NY A 1972    Lancman (D)
Title:    Mental Health Care of Injured Employees
Status:    Pending
Summary:    Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

NY A 2336    Schimminger (D)
Title:    Laws of Comparative Negligence
Status:    Pending
Summary:    Applies laws of comparative negligence and assumption of risk to employees and certain other persons injured in the use of scaffolding and other devices in certain cases; applies outside cities of one million or more.

NY A 2389    Lancman (D)
Title:    Dedicated Occupational Safety and Health Training
Status:    Pending
Summary:    Requires dedicated funding for the occupational safety and health training and education and occupational health clinic programs fund; adds language that indexes future increases to the funding to increases in the maximum rate for workers' compensation benefits.

NY A 2556    Pretlow (D)
Title:    City of Yonkers Detention Officer
Status:    Pending
Summary:    Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured or becoming ill in the line of duty.

NY A 2746    Perry (D)
Title:    Contest of Worker Compensation Claims
Status:    Pending
Summary:    Requires employers to present substantial evidence when contesting workers' compensation claims; directs the workers' compensation board to award a claimant legal fees, if it finds that an employer contested a claim without substantial evidence.

NY A 2804    Morelle (D)
Title:    Permanent Total Disability Benefits
Status:    Pending
Summary:    Increases permanent total disability benefits for volunteer firefighters and ambulance workers from four hundred dollars to four hundred fifty dollars.

NY A 2805    Morelle (D)
Title:    Workers Compensation Claimants
Status:    Pending
Summary:    Requires a workers' compensation claimant's health insurer to pay the claimant's medical expenses in the event such expenses normally covered, pending determination of the claim; requires the provider of medical services to file the appropriate form with the insurer to receive payment.

NY A 3194    Morelle (D)
Title:    Permanent Total Disability Benefits
Status:    Pending
Summary:    Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

NY A 3236    Heastie (D)
Title:    Disability Benefits
Status:    Pending
Summary:    Provides for a disability benefit for employees of the New York city transit authority, and its subsidiary corporations, who are disabled by reason of an assault sustained in the course of employment.

NY A 3314    Brennan (D)
Title:    Metropolitan Transit Authority Employees
Status:    Pending
Summary:    Protects metropolitan transit authority employees and representatives of deceased MTA employees by granting them a statutory cause of action for negligent or reckless violation of a safety standard intended to protect employees; with respect to any recovery, there shall be offset against such recovery any amounts paid pursuant to the workers' compensation law and collective bargaining agreements.

NY A 3560    Morelle (D)
Title:    Workers Compensation and Employers Liability Insurance
Status:    Pending
Summary:    Relates to workers' compensation and employers' liability insurance.

NY A 4398    Crouch (R)
Title:    Repeal of the Second Injury Disability Fund
Status:    Pending
Summary:    Provides for the repeal of the second-injury disability fund which provides for compensation for injury or death which is caused by certain enumerated diseases and which is attributable to the nature of corresponding employment.

NY A 5125    Abbate (D)
Title:    Port Authority of New York and New Jersey Police Office
Status:    Pending
Summary:    Ensures port authority of New York and New Jersey police officers who become ill or injured in the performance of their duties as to necessitate medial or other remedial treatment shall receive full wages until the disability arising therefrom has ceased.
NY A 5159    Lancman (D)
Title:    Lyme Disease Compensable Under Workers' Compensation
Status:    Pending
Summary:    Includes Lyme Disease (Lyme Borrcliosis) as an occupational disease which is compensable under the workers' compensation law.

NY A 5183    Simotas (D)
Title:    Prescription Prices and Pharmacies for Injured Employee
Status:    Pending
Summary:    Relates to prescription prices and pharmacies for injured employees.

NY A 5217    Meng (D)
Title:    Care and Treatment of Injured Employees By Licensed Or
Status:    Pending
Summary:    Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.

NY A 5236    Hooper (D)
Title:    Care and Treatment of Injured Employees By Duly License
Status:    Pending
Summary:    Authorizes the care and treatment of injured employees by duly licensed social workers under the workers' compensation program.

NY A 5361    Hoyt (D)
Title:    Certain Care and Treatment to Injured Employees
Status:    Failed
Summary:    Authorizes certain care and treatment to injured employees receiving workers' compensation benefits; relates to massage therapy services.

NY A 5730    Abbate (D)
Title:    Injured Members of State Police
Status:    Pending
Summary:    Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of their duties.

NY A 5740    Abbate (D)
Title:    Presumption of Certain Impairments of Health
Status:    Pending
Summary:    Provides a presumption that certain impairments of health of police officers were incurred in the performance or discharge of duty; relates to melanoma or a condition of cancer affecting the lymphatic, digestive, hematological, urinary or prostate systems resulting in total or partial disability or death to a police officer.

NY A 5923    Kavanagh (D)
Title:    Payment of Disability Benefits
Status:    Pending
Summary:    Relates to payment of disability benefits; requires that when timely payment of benefits is contingent on the recipient's timely response to an inquiry from the insurer, the insurer shall provide a reasonable time period for response, and clear notice of the consequences of failing to respond by the deadline.

NY A 6289    Nolan (D)
Title:    Workers Compensation Benefits
Status:    Pending
Summary:    Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.

NY A 6294    Wright (D)
Title:    Medical Treatment for Injured Workers
Status:    Pending
Summary:    Relates to application of guidelines for medical treatment for injured workers; prohibits retroactive application; ensures that no guideline providing for medical treatment or rules or regulations shall be applied retroactively to cases with a date of accident of disablement that is prior to the date of such guideline, rule or regulation.

NY A 6425    Abbate (D)
Title:    Performance of Duty Disability Retirement Allowance
Status:    Pending
Summary:    Provides for payment of performance of duty disability retirement allowance to a sheriff, deputy sheriff, under sheriff or correction officer upon incapacitation due to performance of an act at direction of a supervisor regardless of whether such act is within the normal scope of duties.

NY A 6500    Kolb (R)
Title:    Workplace Safety Act of 2011
Status:    Pending
Summary:    Enacts the "workplace safety act of 2011"; relates to permanent partial disability; provides that such permanent partial disability shall be based on the objective medical guidelines for determination of percentage or permanent impairment; sets forth compensation, entitlement and claim provisions; establishes objective medical guidelines, a benefit evaluation commission and pharmaceutical fee schedules; increases certain claim amounts.

NY A 6651    Curran (R)
Title:    Workers Compensation Benefits
Status:    Pending
Summary:    Includes workers' compensation benefits among the lump sum payments subject to the lien of the department of social services for repayment of public assistance.

NY A 6686    Wright (D)
Title:    Treatment and Care of Injured Employees
Status:    Enacted 09/23/2011
Summary:    Relates to the rates of payment for the treatment and care of injured employees; provides for the continuation of reimbursement for specified medical treatments under the workers compensation system to hospitals in the event the federal government changes the codes associated with such treatments.

NY A 6711    Kolb (R)
Title:    Permanent Partial Disability
Status:    Pending
Summary:    Relates to permanent partial disability; provides that such permanent partial disability shall be based on the objective medical guidelines for determination of percentage or permanent impairment; sets forth compensation, entitlement and claim provisions; establishes objective medical guidelines, a benefit evaluation commission and pharmaceutical fee schedules; increases certain claim amounts; provides for penalties for workers' compensation fraud.

NY A 7293    Reilly (D)
Title:    Disability Benefits As a Source of Income
Status:    Pending
Summary:    Removes disability benefits as a source of income for purposes of child support calculations.

NY A 7295    Schimminger (D)
Title:    Workers Compensation Coverage
Status:    Pending
Summary:    Exempts from workers' compensation coverage an injury or occupational disease sustained in the perpetration by the employee of a felony or misdemeanor for which the employee is convicted.

NY A 7356    Canestrari (D)
Title:    Establishment of Rates of Payment
Status:    Pending
Summary:    Relates to the establishment of rates of payment and delivery of health care services; directs the chair of the workers' compensation board to biennially prepare and establish a schedule of fees.

NY A 7781    Abbate (D)
Title:    Environmental Conservation Police Officers
Status:    Pending
Summary:    Includes sworn environmental conservation police officers in definition of police officer for purposes of presumption regarding impairment caused by heart disease.

NY A 8197    Wright (D)
Title:    Private Right of Action Against Non Compliant Employers
Status:    Pending
Summary:    Creates a private right of action against non-compliant employers.

NY A 8287    Pretlow (D)
Title:    Designation of Workers Compensation Coverage
Status:    Pending
Summary:    Relates to horse racing; intends to forbid workers compensation carriers from forcing policyholders to cover individuals who are not their employees; provides that only a workers compensation policyholder or the workers compensation board shall determine that an individual is the employee of such policyholder and therefore required to be covered by such employer's workers compensation insurance policy.

NY A 8506    Lancman (D)
Title:    Commercial Goods Transportation Industry Fair Play
Status:    Pending
Summary:    Enacts the "New York State Commercial Goods Transportation Industry Fair Play Act"; redefines the definition of "employee".

NY A 8563    Magnarelli (D)
Title:    Fitness Benefits for Volunteer Firefighters
Status:    Pending
Summary:    Updates physical fitness benefits for volunteer firefighters and provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2011.

NY A 8564    Magnarelli (D)
Title:    Volunteer Firefighter Or Ambulance Worker Benefits
Status:    Pending
Summary:    Entitles a volunteer firefighter or ambulance worker to certain benefits when such volunteer provides services when there is no jurisdictional officer in command present.

NY S 268    Diaz Ru (D)
Title:    Black Car Operators Injury Compensation Fund
Status:    Pending
Summary:    Relates to the New York Black Car Operators' Injury Compensation Fund, Inc.

NY S 728    Peralta (D)
Title:    Permanent Total Disability
Status:    Pending
Summary:    Relates to permanent total disability.

NY S 852    Young (R)
Title:    Workers Compensation Coverage
Status:    Pending
Summary:    Provides an exemption from workers' compensation coverage under certain circumstances.

NY S 1013    Stewart-Cousins (D)
Title:    Yonkers Detention Officer Injury Benefits
Status:    Pending
Summary:    Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured in the line of duty.

NY S 1252    Addabbo (D)
Title:    Family Worker's Compensation
Status:    Pending
Summary:    Provides workers' compensation benefits for family care.

NY S 1401    Savino (D)
Title:    Workers' Compensation Law
Status:    Pending
Summary:    Relates to setting a time limit for requesting full board review of unanimous board panel decisions.

NY S 1405    Savino (D)
Title:    Workers' Compensation Chiropractic Car
Status:    Pending
Summary:    Requires the availability of and reimbursement for chiropractic care under the workers' compensation law to be provided on the same basis as care by a physician.

NY S 1929    Alesi (R)
Title:    Permanent Total Disability Benefits
Status:    Pending
Summary:    Increases permanent total disability benefits for volunteer firefighters and ambulance workers from four hundred dollars to four hundred fifty dollars.

NY S 2138    Savino (D)
Title:    Report of Independent Medical Examination
Status:    Pending
Summary:    Relates to eliminating the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner; allows an independent medical examiner's report to be submitted to the Worker's compensation Board in the manner set by the Chair of the Board on the same day it is submitted to the carrier, the claimant's physician, the claimant's representative and the claimant.

NY S 2239    Kruger (D)
Title:    Chronic Pain Disorder
Status:    Pending
Summary:    Adds chronic pain disorder as a justifiable ailment for which one may receive compensatory payments under the workers' compensation law; defines chronic pain disorder as any process which causes pain in patients suffering from diseases known to be chronic and incurable.

NY S 2454    Alesi (R)
Title:    Permanent Total Disability Benefits
Status:    Pending
Summary:    Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

NY S 3701    Adams (D)
Title:    Exclusion from Definition of Employee
Status:    Pending
Summary:    Excludes from the definition of employee such services rendered by a harness race driver, only a groom or caretaker of a temporary designated trainer of a harness race horse, a shipper or transporter of a harness race horse, a farrier of a harness race horse, or a veterinarian to a harness race horse.

NY S 3741    Maziarz (R)
Title:    Medical Treatment of Injured Workers
Status:    Pending
Summary:    Relates to application of guidelines for medical treatment for injured workers; ensures that no guideline providing for medical treatment or rules or regulations shall be applied retroactively to cases with a date of accident of disablement that is prior to the date of such guideline, rule or regulation.

NY S 3749    Robach (R)
Title:    Prescription Prices and Pharmacies
Status:    Pending
Summary:    Relates to prescription prices and pharmacies for injured employees.

NY S 4112    Savino (D)
Title:    Workers Compensation Hearings
Status:    Pending
Summary:    Requires workers' compensation hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board.

NY S 4176    Savino (D)
Title:    Payment of Disability Benefits
Status:    Pending
Summary:    Relates to payment of disability benefits.

NY S 4243    Gallivan (R)
Title:    Certain Care and Treatment to Injured Employees
Status:    Pending
Summary:    Authorizes certain care and treatment to injured employees receiving workers' compensation benefits; relates to massage therapy services.

NY S 4306    DeFrancisco (R)
Title:    Claimants Structured Settlement
Status:    Pending
Summary:    Provides that a claimant shall have a claimant's structured settlement broker to objectively review the terms of the agreement and ensure that they are in the best interests of the claimant.

NY S 4559    Robach (R)
Title:    Rates of Payment for Care of Injured Employees
Status:    Pending
Summary:    Relates to the rates of payment for the treatment and care of injured employees; provides for the continuation of reimbursement for certain medical treatments under the workers compensation system in the event the federal government changes the codes associated with such treatments.

NY S 4648    Saland (R)
Title:    Injuries in Use of Scaffolding
Status:    Pending
Summary:    Applies laws of comparative negligence and assumption of risk to employees and certain other persons injured in the use of scaffolding and other devices in certain cases; applies outside cities of one million or more.

NY S 4853    LaValle (R)
Title:    Presumption Relating to Certain Lung Disabilities
Status:    Failed
Summary:    Amends the retirement, social security, and the general municipal law, in relation to certain lung disabilities incurred by firefighters; provides that any condition of impairment caused by lung diseases, resulting in disability or death to a member of a paid fire department where such member passed a physical examination upon employment is sufficient evidence that the disability or death was caused by the natural and proximate result of an accident and was incurred in the performance of duty.

NY S 5090    Griffo (R)
Title:    Payment and Delivery of Health Care Services
Status:    Pending
Summary:    Relates to the establishment of rates of payment and delivery of health care services; directs the chair of the workers' compensation board to biennially prepare and establish a schedule of fees.

NY S 5116    Grisanti (R)
Title:    Disabilities Related to Heart Disease
Status:    Pending
Summary:    Provides certain disability benefits for disabilities related to heart disease to sworn police officers of the division of law enforcement in the department of environmental conservation; provides that any condition of impairment of health, caused by diseases of the heart, resulting in disability or death to such sworn police officer, shall be presumptive evidence that it was incurred in the performance of such officer's duty.

NY S 5604    Addabbo (D)
Title:    Private Right of Action Against Non Compliant Employers
Status:    Pending
Summary:    Creates a private right of action against non-compliant employers.

NY S 5624    Griffo (R)
Title:    Physical Fitness Benefits for Firefighters
Status:    Pending
Summary:    Updates physical fitness benefits for volunteer firefighters and provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2011.

NY S 5625    Griffo (R)
Title:    Volunteer Firefighter Or Ambulance Worker
Status:    Pending
Summary:    Entitles a volunteer firefighter or ambulance worker to certain benefits when such volunteer provides services when there is no jurisdictional officer in command present.
North Carolina
NC H 709    Folwell (R)
Title:    Workers' Compensation Reform
Status:    Enacted 06/24/2011
Summary:    Relates to workers' compensation; authorizes compensation for attendant care services and vocational rehabilitation; relates to false representations by prospective employees and compensation for certain accidents or occupational diseases, reinstatement of compensation, second opinion examinations, physician-patient relationships and access to records in connection with workers' compensation claims, temporary and permanent total disability, an extension of the benefit period, and burial expenses.

NC S 544    Brown H (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Protects and putting North Carolina back to work by reforming the Workers' Compensation Act to define "suitable employment" pertaining to an employee's return to work within restrictions or after reaching maximum improvement; makes willful misrepresentations grounds for disqualification from receiving benefits; provides that parties may reach a separate contemporaneous agreement to resolve issues not covered by the act.

NC S 659    Clodfelter (D)
Title:    Workers Compensation Act and Taxicab Driver Coverage
Status:    Pending - Carryover
Summary:    Exempts taxicab drivers who are independent contractors from coverage under the workers' compensation act; provides that it is a rebuttable presumption that any person who operates and who has an ownership or leasehold interest in, a passenger motor vehicle that is operated as a taxicab is an independent contractor for the purposes of workers' compensation.
North Dakota
ND D 10206    Office of Legislative Council
Title:    Vocational Rehabilitation
Status:    Failed - Adjourned
Summary:    Relates to a workers' compensation grant program for vocational rehabilitation; provides a continuing appropriation.

ND D 10207    Office of Legislative Council
Title:    Workers' Compensation Additional Benefits
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation additional benefits payable; provides for application.

ND D 10208    Office of Legislative Council
Title:    Workers' Compensation Retirement Benefits
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation benefits upon attaining retirement age; provides for application.

ND D 10211    Office of Legislative Council
Title:    Permanent Partial Impairment Benefits
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation permanent partial impairment benefits; provides for application.

ND D 10212    Office of Legislative Council
Title:    Workers' Compensation Managed Care Program
Status:    Failed - Adjourned
Summary:    Relates to information and analysis of managed care under the workers' compensation managed care program.

ND D 10213    Office of Legislative Council
Title:    Workers' Compensation Aggravation Law
Status:    Failed - Adjourned
Summary:    Relates to cross-references to the repealed workers' compensation aggravation law; relates to the workers' compensation aggravation law.

ND D 10219    Office of Legislative Council
Title:    Workers' Compensation Generic Drugs
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation benefits for generic drugs.

ND D 10220    Office of Legislative Council
Title:    Permanent Impairment Multiplier Schedule
Status:    Failed - Adjourned
Summary:    Relates to the workers' compensation permanent impairment multiplier schedule.

ND D 10221    Office of Legislative Council
Title:    Workers' Compensation Prescriptive Drugs
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation coverage of prescription drugs as part of pain therapy.

ND H 1050    Joint Interim Committee on Legislative Management
Title:    Workers Compensation Vocational Rehabilitation Funding
Status:    Enacted 03/09/2011
Summary:    Relates to a workers compensation grant program for vocational rehabilitation to promote necessary skills upgrading and to provide for the completion of remedial educational requirements which allow for optimal transition into the labor force; provides a continuing appropriation.

ND H 1051    Joint Interim Committee on Legislative Management
Title:    Workers Compensation Benefits and Retirement
Status:    Enacted 03/09/2011
Summary:    Relates to workers compensation benefits upon attaining retirement age; requires, if an employee is injured within a specified time period preceding the employee's presumed retirement date, the payment of disability benefits, rehabilitation benefits, or a combination of both benefits for the period prior to retirement, not to exceed that specified time period; relates to individuals who begin receiving social security retirement benefits or other retirement benefits in lieu of social security.

ND H 1052    Joint Interim Committee on Legislative Management
Title:    Workers Compensation Managed Care Program
Status:    Failed
Summary:    Relates to information and analysis of managed care under the workers compensation managed care program.

ND H 1053    Joint Interim Committee on Legislative Management
Title:    Workers Compensation and Prescription Medications
Status:    Failed
Summary:    Relates to workers compensation benefits for generic drugs; provides for application.

ND H 1054    Joint Interim Committee on Legislative Management
Title:    Workers Compensation Prescriptive Drug Coverage
Status:    Failed
Summary:    Relates to workers compensation coverage of prescriptive drugs as part of pain therapy.

ND H 1055    Joint Interim Committee on Legislative Management
Title:    Workers Compensation and Partial Impairment Benefits
Status:    Enacted 04/04/2011
Summary:    Relates to workers compensation permanent partial impairment benefits; provides for the application of a related revised schedule.

ND H 1111    House Industry, Business and Labor Committee
Title:    Workforce Safety and Insurance Benefits
Status:    Failed
Summary:    Relates to the monetary threshold for workforce safety and insurance permanent impairment benefits; provides for application.

ND H 1427    Guggisberg (D)
Title:    Mental Injuries
Status:    Failed
Summary:    Relates to workers' compensation coverage of mental injuries arising from a mental stimulus; provides for application.

ND H 1440    Kelsh S (D)
Title:    Workers Compensation Additional Benefits Payable
Status:    Failed
Summary:    Relates to workers' compensation additional benefits payable.

ND H 1453    Maragos (R)
Title:    Workers Compensation Coverage for Modifications
Status:    Enacted 03/14/2011
Summary:    Relates to workers' compensation coverage for real estate modifications and modifications to motor vehicles; provides that when an injured employee sustains a catastrophic injury, the organization may pay to provide permanent additions, remodeling, or adaptations to real estate or adaptations to motor vehicles it determines necessary, for the life of an injured employee, regardless of any subsequent claim; does not allow the organization to purchase any real estate.

ND S 2069    Senate Government and Veterans Affairs Committee
Title:    National Guard Medical Expenses
Status:    Enacted 04/01/2011
Summary:    Authorizes the State National Guard to pay medical expenses for national guard members who are called to state active duty when the member sustains an injury or illness that is found to have occurred within the line of duty and is not covered by workforce safety and insurance.

ND S 2089    Senate Industry, Business and Labor Committee
Title:    Workers Compensation Claims
Status:    Enacted 04/19/2011
Summary:    Relates to burden of proof in workers' compensation claims matters where the employer claims an employee is not entitled to benefits because the employee's injury was caused by the employee's willful intention to cause self-injury, injure another, or any reason of voluntary impairment cause by the use of alcohol or a controlled substance by the employee as outlined in the Code of Federal Regulations.

ND S 2093    Senate Industry, Business and Labor Committee
Title:    Mental Injuries
Status:    Failed
Summary:    Relates to the definition of mental injuries arising from a mental stimulus; provides for application.

ND S 2114    Senate Industry, Business and Labor Committee
Title:    Injured Workers and Workforce Safety
Status:    Enacted 04/27/2011
Summary:    Relates to workers' compensation; requires background checks for potential workforce safety and insurance job applicants; makes changes relating to service of administrative orders by the Workforce Safety and Insurance Organization, payments for smoking cessation or weigh control, scholarships for the spouse or children of an injured worker, and work search requirements.

ND S 2118    Senate Government and Veterans Affairs Committee
Title:    Civilian Volunteer Coverage Fund
Status:    Failed
Summary:    Relates to volunteers providing initial emergency assistance when responding to a disaster or an emergency situation; provides that a separate fund will be established and funded to compensate injured civilian volunteers; relates to workers' compensation coverage of civilian volunteers; provides for wage loss and medical benefits; provides for assessment of premiums.

ND S 2205    Nodland (R)
Title:    Workforce Safety Attorney Representation
Status:    Enacted 04/25/2011
Summary:    Relates to attorney representation in requests for workforce safety and insurance reconsideration, who may appeal a decision of the decision review office, and service of an employer; provides for submission of additional evidence; provide that the organization shall reconsider the matter by informal internal review of the information of record; provides that absent a timely and sufficient request for reconsideration, the notice of decision is final and may not be reheard or appealed
Ohio
OH H 86    Blessing (R)
Title:    Criminal Code
Status:    Enacted 06/29/2011
Summary:    Relates to Medicaid and workers' compensation fraud, trafficking in controlled substances, child-victim offenders, violent offender escape, parole hearings, prisoner credits, post-release GPS monitoring, pretrail and postconviction confinement, inmate reentry plan, a offender risk assessment tool, community control sanctions, juvenile probation grants, delinquent youth task force, truancy, inmate assault, speeding violations, older inmate parole, shoplifting, identity fraud, and crime victims.

OH H 123    Hottinger (R)
Title:    Self Insuring Employers
Status:    Enacted 04/25/2011
Summary:    Allows the Administrator of Workers' Compensation to waive criteria certain public employers must satisfy to become self-insuring employers; requires bills for medical and vocational rehabilitation services in claims that are ultimately denied to be paid from the Surplus Fund Account under specified circumstances; makes other changes to the Workers' Compensation Law; provides for termination of the disability benefit of a state retirement system member convicted of certain felonies; makes appropriations.
Oklahoma
OK H 1046    Faught (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to CompSource Oklahoma classified and unclassified employees; specifies that CompSource Oklahoma become an insurance company; creates the Oklahoma Mutual Insurance Company; requires compliance with the Open Meeting and Open Records Acts; provides appeal process for certain denials or refusals; creates a fraud investigative program; authorizes implementation of fraud program; requires payment of certain taxes; requiring participation in guaranty associations.

OK H 1054    Roberts Du (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to medical treatment in workers' compensation cases; requires certain testing; provides an effective date.

OK H 1084    Bennett (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; specifies certain emergency workers shall be entitled to treatment; authorizes certain forms of treatment; establishes presumption that condition is work-related.

OK H 1224    McCullough (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to requiring the Physician Advisory Committee to develop certain recommendations; provides for codification; provides an effective date.

OK H 1286    Dank D (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; makes workers' compensation insurance optional; requires certain notifications; requires filing of notice with Insurance Commissioner; requires notice to employees; requires the posting of certain information; prohibits certain employer defenses; relates to certain exemptions; provides additional exemption; provides for codification; provides an effective date.

OK H 1539    Morrissette (D)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relate to medical attention; allows employee to select treating physician; provides an effective date.

OK H 1780    Roberts S (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to worker's compensation; relates to the creation and content of the Workers' Compensation Court; creates Workers' Compensation Court of Continuing Claims; provides for the retention of four judges; provides for the selection of new judges; modifies agency designation; requires Senate confirmation of new judges; provides for appointments to the court; provides for selection of judges in certain circumstances; provides an effective date.

OK H 2039    Sullivan (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to certain injuries occurring outside state; clarifies language; provides an effective date.

OK H 2129    Steele (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to liability for certain damages; clarifies language; provides an effective date.

OK S 466    Bingman (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to liability; clarifies language; provides an effective date.

OK S 467    Bingman (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to liability; clarifies language; makes language gender neutral; provides an effective date.

OK S 468    Bingman (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to liability; clarifies language; makes language gender neutral; provides an effective date.

OK S 469    Bingman (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; relates to liability; clarifies language; provides an effective date.

OK S 761    Jolley (R)
Title:    Medical Treatment For Injured Employees
Status:    Vetoed 05/26/2011
Summary:    Relates to medical treatment for injured employees; relates to medical attention; requires certain plan to follow certain guidelines; provides an effective date.
Oregon
OR D 230    Senate Committee on Commerce and Workforce Development
Title:    Suspension of Compensation to Injured Worker
Status:    Failed - Adjourned
Summary:    Increases period during which injured worker enrolled in managed care organization may receive care not authorized by managed care organization from attending physician or nurse practitioner before insurer or self-insured employer may suspend compensation paid to worker.

OR D 243    House Business and Labor Committee
Title:    Medical Services Provided to Injured Workers
Status:    Failed - Adjourned
Summary:    Prohibits employer or insurer from requiring injured worker to obtain nonemergency medical services from specific provider; exempts employer or insurer that has managed care organization contract; requires employer to provide injured worker with written notice of medical treatment rights in workers' compensation claim.

OR D 434    House Business and Labor Committee
Title:    Workers' Compensation Claims for Bloodborne Diseases
Status:    Failed - Adjourned
Summary:    Establishes presumption that certain bloodborne diseases are compensable occupational diseases for public safety officers.

OR D 442    Senate Committee on Commerce and Workforce Development
Title:    Limit to Recovery of Amounts for Medical Services
Status:    Failed - Adjourned
Summary:    Limits amounts recoverable by medical service provider or health insurance provider for medical services provided in workers' compensation claim resolved by settlement.

OR H 2092    Roblan (D)
Title:    Clarification of Workers Compensation Provisions
Status:    Failed - Adjourned
Summary:    Modifies notice of compliance to subject employers; eliminates requirement for consultation with licensing boards when rules are adopted concerning appropriateness of certain types of treatment; increases length of time during which licensed nurse practitioner may provide temporary compensable medical services to worker seeking medical services from provider that is not member of managed care organization; relates to extension of temporary disability compensation for workers in vocational training.

OR H 2093    Roblan (D)
Title:    Managed Care Services For Injured Workers
Status:    Enacted 05/19/2011
Summary:    Limits provision of managed care services for injured workers to certified managed care organizations; authorizes imposition of sanction that includes civil penalty for violation; allows issuance of cease and desist order for repeated or willful violation; creates exceptions; provides that only a certified managed care organization may restrict provider access, restrict referrals and require preauthorization.

OR H 2094    Roblan (D)
Title:    Reconsideration Proceedings in Workers Compensation
Status:    Enacted 05/19/2011
Summary:    Authorizes delay in reconsideration proceeding for notice of claim closure in workers' compensation claim under certain circumstances.

OR H 2319    Barnhart (D)
Title:    Compensability Disputes in Workers Compensation Claims
Status:    Failed - Adjourned
Summary:    Establishes process for random external file review in certain workers' compensation claims; limits independent medical examination requests in workers' compensation claim to one request by employer or self-insured employer and one request by worker; authorizes Director of Department of Consumer and Business Services to adopt rules concerning random external file reviews.

OR H 2346    Roblan (D)
Title:    Medical Services Provided to Injured Workers
Status:    Failed - Adjourned
Summary:    Prohibits employer or insurer from requiring injured worker to obtain nonemergency medical services from specific provider; exempts employer or insurer that has managed care organization contract; requires employer to provide injured worker with written notice of medical treatment rights in workers' compensation claim.

OR H 2369    Nathanson (D)
Title:    The Department of Corrections
Status:    Failed - Adjourned
Summary:    Authorizes local government to enter into agreement with Department of Corrections for purpose of housing inmates in custody of local government.

OR H 2526    Roblan (D)
Title:    Tax Credits for Insurers Providing Workers Compensation
Status:    Failed - Adjourned
Summary:    Extends sunset for tax credit for insurers providing workers' compensation coverage; takes effect on 91st day following adjournment sine die.

OR H 2743    Boone (D)
Title:    Podiatric Physicians
Status:    Enacted 05/19/2011
Summary:    Adds podiatric physician and surgeon to definition of attending physician for purposes of workers' compensation law.

OR H 2811    Thatcher (R)
Title:    Training Requirements
Status:    Failed - Adjourned
Summary:    Eliminates requirement for Director of Department of Consumer and Business Services to adopt rules specifying training requirements for physicians conducting independent medical examinations in workers' compensation claims.

OR H 3212    Witt (D)
Title:    Nurse Practitioner Workers' Compensation Claim
Status:    Failed - Adjourned
Summary:    Extends period in which nurse practitioner is authorized to provide compensable medical services in workers' compensation claim from 90 days to 180 days.

OR H 3369    Jenson (R)
Title:    Construction Contractors
Status:    Failed - Adjourned
Summary:    Deletes requirement that commercial construction contractor classified as exempt independent contractor obtain workers' compensation insurance.

OR H 3490    Whisnant (R)
Title:    Search and Rescue
Status:    Enacted 06/17/2011
Summary:    Clarifies the responsibility of counties to provide workers' compensation coverage to qualified search and rescue volunteers.

OR H 3612    Johnson M (R)
Title:    Construction Contractor Workers Compensation Coverage
Status:    Failed - Adjourned
Summary:    Allows entity that is classified by Construction Contractors Board as exempt commercial contractor to provide board with proof of personal health insurance coverage for proprietor or each partner, corporate officer or member of limited liability company as alternative to procuring and maintaining workers' compensation coverage; declares emergency, effective on passage.

OR S 43    Courtney (D)
Title:    Limits on Collection of Support Obligations
Status:    Enacted 06/14/2011
Summary:    Limits application of provision establishing minimum amount obligor must retain as disposable monthly income from amount withheld for payment of arrearage-only support obligation; increases amount subject to withholding for payment of support obligation from lump sum payment or benefit, including retroactive workers' compensation benefits, lump sum retirement plan disbursements or withdrawals, and insurance payments or settlements; requires amount of withholding to be lowered under certain circumstances.

OR S 172    Courtney (D)
Title:    Managed Care Compensation Suspension
Status:    Failed - Adjourned
Summary:    Increases period during which injured worker enrolled in managed care organization may receive care not authorized by managed care organization from attending physician or nurse practitioner before insurer or self-insured employer may suspend compensation paid to worker.

OR S 173    Courtney (D)
Title:    Recovery of Amounts Owing for Medical Services Provided
Status:    Enacted 05/19/2011
Summary:    Limits amounts recoverable by medical service provider or health insurance provider for medical services provided in workers' compensation claim resolved by settlement; allows the worker to agree to pay all medical service providers directly from the settlement proceeds.

OR S 665    Senate General Government, Consumer and Small Business Protection Committee
Title:    Public Employee Retirement
Status:    Failed - Adjourned
Summary:    Requires that employer of Tier One or Tier Two member of Public Employees Retirement System continue to make contributions for member as though member continued to work during period in which member receives temporary total disability benefits under Workers' Compensation Law; provides that contributions be based on salary of member at time member left work; provides that final average salary of member be calculated as though member continued to work during period of temporary total disability.
Pennsylvania
PA H 136    Boyle B (D)
Title:    Workers Compensation Reimbursements and Assessments
Status:    Pending
Summary:    Amends the Workers' Compensation Act, reenacted and amended June 21, 1939 (P.L.520, No.281), in Uninsured Employers Guaranty Fund; further provides for reimbursement and for assessments; provides that the fund shall be entitled to restitution of all payments made as the result of any injury to an employee of an uninsured employer; provides for limits on assessments imposed.

PA H 440    Mustio (R)
Title:    Workers Compensation Insurance
Status:    Enacted 06/30/2011
Summary:    Amends the Workers' Compensation Act; provides that insurers, including the State Workers' Insurance Fund, are authorized to provide, on a voluntary basis, to sole proprietors, partners of a partnership or members of a limited liability company, workers' compensation insurance; amends provisions related to sole proprietors or partners engaged in logging; relates to wages in regards to computing the premium charge; includes self-insurers; transfers funds to the insurance fund.

PA H 515    Harkins (D)
Title:    Disability Benefits Extension
Status:    Pending
Summary:    Amends the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law; extends benefits to certain employees of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission.

PA H 522    Mustio (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides for workers compensation benefits for certain emergency medical services personnel.

PA H 797    Farry (R)
Title:    Firefighter Occupational Disease
Status:    Enacted 07/07/2011
Summary:    Amends the Workers' Compensation Act; defines an occupational disease; provides for cancer caused by exposure to a known carcinogen in the occupation of firefighter; provides that cancer compensation shall only be to firefighters who have served a specified number of years in continuous firefighting duties; provides for time limitations on claims.

PA H 808    Hickernell (R)
Title:    Workers Compensation Act in Liability
Status:    Pending
Summary:    Amends the Workers' Compensation Act in liability and compensation; provides for the schedule of compensation for visits to health care providers.

PA H 1452    Ross (R)
Title:    Workers Compensation Reimbursement
Status:    Pending
Summary:    Amends the Workers' Compensation Act in additional coverages; amends the definition of employee to include volunteer members of a municipal emergency management team who suffer injuries while actually engaged at any emergency to which the volunteer has been called or responded.

PA H 1469    Denlinger (R)
Title:    State Workers Insurance Fund
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides for appeals concerning the State Workers' Insurance Fund; establishes the State Workers' Insurance Appeal Board.

PA S 654    Argall (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act; defines occupational disease; provides for cancer in the occupation of firefighter.

PA S 671    Kasunic (D)
Title:    Workers Compensation Cost of living Increases
Status:    Pending
Summary:    Amends the Workers' Compensation Act; provides for cost-of-living increases in the amount of compensation payable.

PA S 833    Robbins (R)
Title:    Workers Compensation Acts
Status:    Pending
Summary:    Amends the Workers' Compensation Act related to additional coverages; provides for definitions and for reimbursement.

PA S 854    Kasunic (D)
Title:    Enforcement Officer Disability Benefits Law
Status:    Pending
Summary:    Amends the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law; extends benefits to county correction officers.

PA S 861    Costa J (D)
Title:    Veterans Disability Benefits
Status:    Pending
Summary:    Provides for the exclusion of veterans' disability benefits as eligible income.

PA S 1058    Corman (R)
Title:    Workmens Compensation Administration Fund
Status:    Enacted 06/30/2011
Summary:    Makes appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for fiscal year July 1, 2011, to June 30, 2012, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2011.

PA S 1070    Scarnati (R)
Title:    Workers Compensation Act
Status:    Pending
Summary:    Amends the Workers' Compensation Act in procedure; provides for insurance for different forms of business; permits insurers, including the State Workers' Insurance Fund, to provide, on a voluntary basis, to sole proprietors, partners of a partnership or members of a limited liability company, workers' compensation insurance; repeals provisions on logging.

PA S 1077    Mensch (R)
Title:    Definition of Employee
Status:    Pending
Summary:    Amends the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act; provides for the definition of employee.
Puerto Rico
PR H 16    Rodriguez Aguil (PNP)
Title:    Health Benefit Card Rejection Notices
Status:    Enacted 10/19/2009
Summary:    Requires a written notice regarding the acceptance or rejection of the health benefit card to the dependents of a police officer to be killed by any circumstance.

PR H 120    Ruiz Class (PNP)
Title:    State Job Reinstatement
Status:    Pending
Summary:    Amends the Law on Workers Compensation for the purposes of the right to reinstate a worker or employee, when the Administrator of the Workers Compensation Fund gives a determination to discharge a worker, certifying that the employee is physically and mentally fit to perform the duties of their employment.

PR H 172    Rivera Ramirez (PNP)
Title:    Individual Employment Contract Violations
Status:    Pending
Summary:    Amends the Labor Law Claims Patron to extend its application to cases in which workers can claim compensation for violation of individual employment contracts or violations of contracts for services as specified in Article 1434 of the Civil Code.

PR H 337    Varela Fernande (PPD)
Title:    State Pension Provisions
Status:    Pending
Summary:    Provides that a pension granted by the State Insurance Fund for permanent total disability shall not be less than the amount of four hundred and thirty dollars a month.

PR H 1079    Mendez Nunez (PNP)
Title:    Law on Protection of Working Mothers
Status:    Pending
Summary:    Amends the Law on Protection of Working Mothers; clarifies specifically the area of protection coverage offered to mothers; refers to working mothers; extends coverage to workers employed under contract.

PR H 1490    Torres Cruz (PPD)
Title:    Discrimination or Harassment Provisions
Status:    Pending
Summary:    Amends the Workers Compensation System Act; prohibits an employer from discrimination or harassment of an employee who files a authorizes courts to require employers to reimburse the Corporation the cost of expenses incurred in treatment or compensation of the worker or employee if it determines that these are the main cause of discrimination or harassment.

PR H 1720    Pena Ramirez (PNP)
Title:    Shipping Employee Accident Benefits
Status:    Pending
Summary:    Amends the law on Workers Compensation in order to ensure the greatest benefit of compensation, scope and protection to employees in the industries of shipping and ports that suffer injuries or illnesses related to service or its successor in the event that the employee lost their life performing their duties.

PR H 1737    Perez Ortiz (PNP)
Title:    Chiropractic Service Benefits
Status:    To Governor
Summary:    Amends the law on Workers' Compensation to include chiropractic services among those benefits available to workers who suffer accidents in the workplace.

PR H 1794    Colberg Toro (PPD)
Title:    Housewife Medical Benefits
Status:    Pending
Summary:    Amends the Workers' Compensation law; requires the Administrator of the State Insurance Fund to extend to medical benefits and hospital law in order to provide for all the housewives of Puerto Rico.

PR H 2534    Gonzalez Colon (PNP)
Title:    Medical Service Provider Lawsuit Exemptions
Status:    Enacted 06/27/2011
Summary:    Amends the Insurance Code to provide that all health care professionals that provide medical services to patients of the State Insurance Fund shall be exempt from lawsuits and that the risk shall fall on the State Insurance Fund.

PR H 2549    Ramos Pena (PNP)
Title:    Police Salary
Status:    Pending
Summary:    Amends the Law on the Police of Puerto Rico; grants the full salary for members of the Police during the time they remain in convalescence, certified by a doctor from the State Insurance Fund and a doctor of Police of Puerto Rico, as a consequence of any accident or injury sustained in the performance of their duties.

PR H 2550    Ramos Pena (PNP)
Title:    Fire Brigade Salary
Status:    Pending
Summary:    Amends the Fire Brigade Act of Puerto Rico; grants the full salary for members of the Fire Department during the time they remain in convalescence, certified by a doctor from the State Insurance Fund and a physician designated by the Fire Department, as a consequence of any accident or injury sustained in the performance of their functions.

PR H 2701    Cruz Soto (PPD)
Title:    Employment Reinstatement Requests
Status:    Pending
Summary:    Amends Act No. 45 of 1935; relates to the Corporation of the State Insurance fund; relates to major accidents that require prolonged treatment, as defined by regulation; provides for the term for requesting reinstatement of employment to be fifteen days after being discharged, provided that twenty-four months have elapsed from the date of the accident.

PR H 3016    Gonzalez Colon (PNP)
Title:    Injured Worker Programs
Status:    Enacted 10/13/2011
Summary:    Repeals the deadline for completing the inherent function and grants the Right to Employment Administration and the Department of Labor and Human Resources to develop programs for injured workers and their dependents and beneficiaries.

PR H 3667    Mendez Nunez (PNP)
Title:    System Work Accident Compensation Act
Status:    Pending
Summary:    Adds the new Articles 13-A, 13-B and 13-C to Act No. 45 of April 18, 1935, as amended, known as the Work Accident Compensation System Act; establishes the term of validity of the annotation of the embargo and limitations for collection action, and to authorize the Administrator to remove bad debts from their books.

PR HCR 102    Lopez Munoz (PNP)
Title:    United States Open Water Act Support
Status:    Pending
Summary:    Expresses the endorsement and support of the Legislature of Puerto Rico to the Senate bill numbered 3525, titled America's Open Waters Act, introduced by Senator John McCain in the Senate of the United States to remove restrictions on shipping imposed by the Jones Act, commonly known as the Cabotage Act.

PR HR 1286    Navarro Suarez (PNP)
Title:    Occupational Medicine Doctor Certification
Status:    Pending
Summary:    Directs the Health Committee of the House of Representatives to make an investigation on the Specialty Certification in Occupational Medicine granted for doctors including those that work in government agencies such as the Insurance Fund, the State Institute of Vocational Rehabilitation and the Industrial Hospital.

PR HR 1730    Navarro Suarez (PNP)
Title:    Jones and Cabotage Act Economic Effect Study
Status:    Pending
Summary:    Orders the House Committees on Economic Development, Planning, Trade, Industry and Telecommunications and Consumer Affairs to conduct a comprehensive study of a continuing nature on the effects on the economy of Puerto Rico, in general, and with respect to consumers, in particular, relative to the Jones Act of 1920, known as the Cabotage Act.

PR S 283    Tirado Rivera (PPD)
Title:    Repair or Replacement of Prescribed Special Devices
Status:    Vetoed 08/11/2009
Summary:    Amends the Workers' Compensation Law; provides that special devices prescribed by the doctor of the State Insurance Fund in cases of permanent total disability can be repaired or replaced for cause.

PR S 291    Arce Ferrer (PNP)
Title:    Police Member Injury and Convalescence
Status:    Vetoed 08/13/2009
Summary:    Amends the Law on the Police of Puerto Rico in order to grant full salary for members of the Police while they remain in convalescence, certified by a doctor, as a result of an accident or injury incurred in the performance of their duties.

PR S 644    Santiago Gonzal (PNP)
Title:    Workers Compensation Rehabilitation
Status:    Enacted 12/29/2009
Summary:    Amends the Workmen's Compensation Law; requires the State Insurance Fund and the Technology Assistance Program to develop a collaborative agreement which incorporates Assistive Technology, or AT, as a tool or resource provided to injured people with constraints and impediments caused by accidents in their workplace in order to take up those essential tasks of his position.

PR S 694    Dalmau Santiago (PPD)
Title:    Compensation Pay
Status:    Pending
Summary:    Relates to consideration and allowance of workers' compensation and progressive compensation pay any amount received by a worker for settlement at any case of dismissal for the reasons stated in Law to establish that any compensation to a worker dismissed for the reasons stated in Law should not cause any deduction payroll considered exempt from paying contributions on earnings.

PR S 695    Dalmau Santiago (PPD)
Title:    Compensation Pay
Status:    Pending
Summary:    Relates to consideration and allowance of workers' compensation and progressive compensation pay any amount received by a worker for settlement at any case of dismissal for the reasons stated in Law to establish that any compensation to a worker dismissed for the reasons stated Law should not cause any deduction payroll considered exempt from paying contributions on earnings.

PR S 704    Rivera Schatz (PNP)
Title:    Injured Employee and Accident Compensation
Status:    Enacted 09/18/2009
Summary:    Amends the Workers Compensation Law; adds as part of the functions and duties of Administrator authorizing the issuance of payments to contractors and suppliers that have no current contract with the State Insurance Fund for professional services rendered and medical hospital billed or any other matter relating to the health service and treatment injured worker or employee.

PR S 859    Ortiz Ortiz (PPD)
Title:    Worker Incapacity Benefits
Status:    Pending
Summary:    Increases the five percent of the amount of disability benefits to an insured worker who suffers the loss of wages as a result of incapacity due to occupational illness or accident not related to employment.

PR S 866    Ortiz Ortiz (PPD)
Title:    Law of Compensation System Accidents
Status:    Pending
Summary:    Amends the Law of Workers Compensation System; increases the ceiling of total compensation to be paid for permanent disability.

PR S 1205    Tirado Rivera (PPD)
Title:    Compensation System Occupational Accidents
Status:    Pending
Summary:    Amends the Law of Compensation System Occupational Accidents in order to provide that special shoe inserts prescribed by a doctor of the Corporation of the State Insurance Fund, in cases of partial or total permanent disability, can be repaired or replaced for cause.

PR S 1229    Ortiz Ortiz (PPD)
Title:    State Insurance Fund Corporation Annuity
Status:    Pending
Summary:    Amends the Workers Compensation Law for purposes that in addition to the annuity granted by the Corporation of the State Insurance Fund that shall be allocated an annual bonus of three hundred dollars for maintenance and medications for injured worker's disability.

PR S 1297    Rivera Schatz (PNP)
Title:    Law of Accident Compensation and Labor Benefits
Status:    Pending
Summary:    Amends the Workers Compensation Law; provides an additional benefit for the loss of work to assist the injured to pay studies leading to a re-training at an accredited institution or approved by the Government of Puerto Rico including a requirement that the Administrator will establish and maintain, permanently, on the website of the State Insurance Fund in the World Wide Web.

PR S 1757    Hernandez Mayor (PPD)
Title:    Organic Law
Status:    Pending
Summary:    Amends the Organic Law of the Department of Recreation and Sports for the purpose of providing disability insurance for athletes representing Puerto Ricans in Puerto Rico, Central American and Caribbean Games, Pan American and Olympic that suffer injury, temporary or permanent, and that have contracts with sports leagues, clubs or organizations abroad, and for other purposes.

PR SR 1152    Martinez Santia (PNP)
Title:    Occupational Medicine Certification Study
Status:    Enacted 11/08/2010
Status:    Adopted
Summary:    Directs the Health Committee of the Senate to conduct an investigation into the Specialty Certification in Occupational Medicine granted for doctors, who among others worked and work in the Corporation of the State Insurance Fund and demand information on the manner of granting certificates through alternative routes; considers options for legislation for physicians who hold these certificates in occupational medicine.

PR SR 2276    Soto Diaz (PNP)
Title:    Vocational Rehab Administration Technical Equipment
Status:    Pending
Summary:    Orders the Social Welfare Commission to make an investigation of the technological equipment provided and used by the Vocational Rehabilitation Administration and the people who participate in its programs and what happens to this material after handing it back to the Vocational Rehabilitation Administration.
Rhode Island
RI H 5135    Edwards (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Extends the right to reinstatement to the workers working out of a hiring hall operating pursuant to a collective bargaining agreement; takes effect upon passage.

RI H 5223    Winfield (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prevents a petition for benefits for a permanent disfigurement of the body from being filed until one year has passed from the date of the disfiguring event; takes effect upon passage.

RI H 5224    Winfield (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prohibits an injured employee from filing a petition for workers' compensation benefits until they have provided the employer or insurer the necessary documentation to support their claim and would provide them with a reasonable opportunity to voluntarily accept the claim; takes effect upon passage.

RI H 5226    Winfield (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Provides that a reduction in benefits shall not be delayed for more than ninety days after maximum medical improvement has been found; takes effect upon passage.

RI H 5227    Winfield (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prohibits an injured employee from filing a petition for workers' compensation benefits if the employee was being paid benefits under a nonprejudicial memorandum of agreement or hadn't received notice that his/her benefits would be terminated; takes effect upon passage.

RI H 5544    Silva (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would allow an employer access to a prospective employee's workers' compensation claim history. This act would take effect upon passage.

RI H 5694    Edwards (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would entitle an employer or insurer to recover an overpayment made for indemnity benefits by set-off against payments due for loss of use or disfigurement. This act would take effect upon passage.

RI H 6244    Williams (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would clarify the workers' compensation court's jurisdiction over the payment of medical bills. It would exclude any Medicare set-aside allocations, specific compensation benefit payments and all collective bargaining agreement benefits, from being used to offset any disability or death benefits he or she may be entitled to, as a member of the state retirement system. Sections 1, 2 and 3 of this act would take effect upon passage and Section 4 of this act would be effective upon passage.

RI S 125    Picard (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prevents a petition for benefits for a permanent disfigurement of the body from being filed until one year has passed from the date of the disfiguring event; takes effect upon passage.

RI S 126    Picard (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Entitles an employer or insurer to recover an overpayment made for indemnity benefits by set-off against payments due for loss of use or disfigurement; takes effect upon passage.

RI S 127    Picard (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Provides that a reduction in benefits shall not be delayed for more than ninety days after maximum medical improvement has been found; takes effect upon passage.

RI S 128    Picard (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prohibits an injured employee from filing a petition for workers' compensation benefits, if the employee was being paid benefits under a nonprejudicial memorandum of agreement or hadn't received notice that his/her benefits would be terminated; takes effect upon passage.

RI S 129    Picard (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Prohibits an injured employee from filing a petition for workers' compensation benefits until they have provided the employer or insurer the necessary documentation to support their claim and would provide them with a reasonable opportunity to voluntarily accept the claim; takes effect upon passage.

RI S 271    Ruggerio (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Repeals the section of the Rhode Island General Laws relating to continuation of workers' compensation benefits for partial incapacity; takes effect upon passage; applies retroactively regardless of the date of injury.

RI S 351    Goodwin (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would require an employee, after an injury, to submit to an examination by a physician no earlier than at four (4) month intervals during the continuance of the disability, if requested to do so by his or her employer. This act would take effect upon passage.

RI S 417    Ruggerio (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would make various amendments to the statutes applicable to workers' compensation. This act would take effect upon passage.

RI S 422    Ruggerio (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would make various amendments to the statutes applicable to workers' compensation. This act would take effect upon passage.

RI S 424    Goodwin (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would require the provision of the workers' compensation law which allows an employee to choose his or her physician. This act would take effect upon passage.

RI S 692    Nesselbush (D)
Title:    State Affairs and Government
Status:    Enacted 07/09/2011
Summary:    Requires the Department of Corrections to furnish certain medical records of present or former prisoners without charge if such records are required for social security or workers' compensation purpose; authorizes the department, for patients currently or formerly in the custody of the training school for youth, to specify by regulation an alternative list of age appropriate rights commensurate with these provisions.

RI S 748    Goodwin (D)
Title:    State Affairs and Government
Status:    Pending
Summary:    Would make explicit the workers' compensation court's authority to hear disputes relating to medical expenses post commutation, where the parties have agreed to this arrangement. This act would take effect upon passage.

RI S 786    Goodwin (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would amend certain statutes applicable to workers' compensation. This act would take effect upon passage.

RI S 967    DaPonte (D)
Title:    Towns and Cities
Status:    Pending
Summary:    Would make public safety employees injured on duty subject to the workers' compensation procedures and worker's compensation court for purposes of resolving benefit disputes. This act would take effect upon passage.

RI S 1006    Fogarty (D)
Title:    Labor and Labor Relations
Status:    Pending
Summary:    Would clarify workers' compensation court's jurisdiction over the reasonableness and payment of medical bills. It would exclude any Medicare set-aside allocations, specific compensation benefit payments and all collective bargaining agreement benefits, from being used to offset any disability or death benefits he or she may be entitled to, as a member of the state retirement system. Sections 1, 2 and 3 of this act would take effect upon passage and Section 4 of this act would be effective upon passage.
South Carolina
SC H 3424    Gilliard (D)
Title:    Occupational Diseases
Status:    Pending
Summary:    Relates to the presumption that certain diseases sustained by a firefighter are occupational diseases for the purposes of workers compensation; provides certain additional medical conditions also must be presumed to be occupational diseases for the purposes of workers compensation; deletes a minimum age for the applicability of this section; deletes a requirement that eligibility for this presumption be conditioned upon the medical condition having developed while the firefighter was actively engaged.

SC S 21    McConnell (R)
Title:    Illegal Immigration and Workers Compensation
Status:    Pending
Summary:    Includes in the definition of employee legal immigrants and illegal immigrants, so long as the employer was not aware of the immigrant's illegal status prior to the employee's injury; exclude from workers' compensation illegal immigrants whose illegal status was known to the employer at the time of the immigrants' hire and illegal immigrants whom the employer discovers the illegal status during employment but before injury.

SC S 856    Knotts (R)
Title:    Emergency Rescue Workers
Status:    Pending
Summary:    Provides that law enforcement officers, firefighters, paramedics, emergency medical technicians, and members of urban search and rescue teams employed in this state by an employer whose principal office is located in the state, who are not otherwise covered by the state employee health insurance program or another comparable plan of their employer who contract HIV or AIDS as a result of a job-related activity, shall receive the same benefits and coverages for HIV or AIDS treatment as a state employee.
South Dakota
SD H 1144    Hunt (R)
Title:    Statutory Lien for Certain Health Care Providers
Status:    Failed - Adjourned
Summary:    States that each health care provider that furnishes services in the treatment of an injury not covered by the Workers' Compensation Act, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party, whether by judgment, settlement or compromise to the amount of the reasonable and necessary charges for the treatment, care and maintenance of the injured party up to the date of payment of the damages.
Tennessee
TN H 205    Harrison (R)
Title:    Unemployment Compensation
Status:    Pending - Carryover
Summary:    Excludes periods of temporary total disability under the workers' compensation law from calculation of base period for purposes of unemployment compensation.

TN H 490    Eldridge (R)
Title:    Workers' Compensation and Tort-Feasors
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; adds language to not construe any limitations on obtaining compensation under the workers' compensation statute to limit third party actions against tort-feasors.

TN H 506    Brooks Ha (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Provides that failure of a drug and alcohol test, or refusing the test, in a drug-free workplace makes the injured employee ineligible for workers' compensation benefits related to an injury; removes requirement for proximate causation.

TN H 511    Lundberg (R)
Title:    Transportation Projects
Status:    Enacted 06/16/2011
Summary:    Establishes presumptions of proximate cause of death, injury, or damage for certain motor vehicle accidents occurring within a construction zone; establishes immunity from claims for personal injury, property damage, or death arising from certain department of transportation projects.

TN H 581    McDaniel (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Allows individuals to be exempt from the workers' compensation requirements if such individual is a member of a recognized religious sect or division and is an adherent of established tenets or teachings of such sect or division by reason of which such individual is conscientiously opposed to acceptance of the benefits provided by the Workers' Compensation Laws.

TN H 1045    Matheny (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers' Compensation; allows an aggrieved party to appeal a workers' compensation specialist's order of future medicals in a workers' compensation case after judgment or settlement.

TN H 1083    Eldridge (R)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers' Compensation; provides that failure of a drug and alcohol test, or refusing the test, in a drug-free workplace makes the injured employee ineligible for workers' compensation benefits related to an injury; removes requirement for proximate causation.

TN H 1527    Turner M (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; establishes a conclusive presumption that a beryllium employee, employee with cancer or silicosis, or other employee covered under the federal Energy Employees Occupational Illness Compensation Act has an occupational disease for the purposes of state workers' compensation claim.

TN H 1870    Pitts (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers' Compensation; allows individuals to be exempt from the workers' compensation requirements if such individual is a member of a recognized religious sect or division and is an adherent of established tenets or teachings of such sect or division by reason of which such individual is conscientiously opposed to acceptance of the benefits provided by the workers' compensation laws.

TN H 1983    Maggart (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Requires contracting agents to be registered by the department of commerce and insurance and prohibits unauthorized access to services or discounts under a provider network contract.

TN H 2030    Curtiss (D)
Title:    Workers' Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers' Compensation; clarifies that the general contractor of a commercial construction project shall select the three individual construction services providers who may be exempt from workers' compensation coverage while working on the commercial construction project; allows five instead of three corporate officers who are engaged in the construction industry to apply for an exemption from the requirements that they be covered by workers' compensation insurance.

TN H 2047    Brooks Ha (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; changes the evidence requirement from a preponderance of the evidence to clear and convincing evidence for rebutting the presumption that drugs or alcohol were the proximate cause of an injury from a drug test result or the refusal to submit to a drug test.

TN S 40    Faulk (R)
Title:    Unemployment Compensation
Status:    Enacted 06/01/2011
Summary:    Excludes periods of temporary total disability under the workers compensation law from calculation of base period for purposes of unemployment compensation.

TN S 67    Overbey (R)
Title:    Volunteer Firefighters
Status:    Pending - Carryover
Summary:    Provides for certain reemployment rights for volunteer firefighters injured in the line of duty.

TN S 381    Bell (R)
Title:    Taxes
Status:    Pending - Carryover
Summary:    Relates to Taxes; relates to Exemption and Credits; authorizes a sales and use tax exemption on purchases made by any veteran with a 100 percent permanent total disability.

TN S 415    Barnes (D)
Title:    Workers' Compensation Exemption
Status:    Pending - Carryover
Summary:    Relates to workers' compensation; removes the restriction prohibiting an affiliate of a construction services provider who has obtained a workers' compensation exemption from obtaining a workers' compensation exemption.

TN S 588    Finney L (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Allows individuals to be exempt from the workers' compensation requirements if such individual is a member of a recognized religious sect or division and is an adherent of established tenets or teachings of such sect or division by reason of which such individual is conscientiously opposed to acceptance of the benefits provided by the Workers' Compensation Laws.

TN S 932    Norris (R)
Title:    Workers Compensation for Common Carriers
Status:    Enacted 06/06/2011
Summary:    Relates to Workers Compensation; provides that services by a leased-operator or an owner-operator of a motor vehicle under contract to a common carrier while engaged in interstate commerce shall be deemed an excluded service; relates to future medical benefits and consequences of settlement; provides that an employer shall furnish medical and surgical treatment, artificial members, glasses, nursing or psychological services; restricts charges for medical documents; relates to cumulative trauma conditions.

TN S 1304    Johnson J (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; provides that failure of a drug and alcohol test, or refusing the test, in a drug-free workplace makes the injured employee ineligible for workers' compensation benefits related to an injury; removes requirement for proximate causation.

TN S 1307    Johnson J (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; increases the time in which the secretary of state has to return an application for a construction services provider's workers' compensation exemption from 10 to 14 days.

TN S 1481    Marrero (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; establishes a conclusive presumption that a beryllium employee, employee with cancer or silicosis, or other employee covered under the federal Energy Employees Occupational Illness Compensation Act has an occupational disease for the purposes of state workers' compensation claim.

TN S 1550    Ketron (R)
Title:    Workers Compensation Exemptions
Status:    Enacted 06/06/2011
Summary:    Relates to Workers Compensation; clarifies that the general contractor of a commercial construction project shall select three construction services providers who may be exempt from workers' compensation coverage; provides that records shall be available for inspection; provides that if any policyholder chooses to cancel a policy of insurance as a result of obtaining such exemption, then the policy shall be canceled as if the insured were retiring from the business.

TN S 1766    Ketron (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; requires contracting agents to be registered by the department of commerce and insurance and prohibits unauthorized access to services or discounts under a provider network contract.

TN S 1785    Ketron (R)
Title:    Workers Compensation
Status:    Enacted 05/20/2011
Summary:    Relates to Workers Compensation; changes the evidence requirement from a preponderance of the evidence to clear and convincing evidence for rebutting the presumption that drugs or alcohol were the proximate cause of an injury from a drug test result or the refusal to submit to a drug test.

TN S 1810    Johnson J (R)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; requires local governments to participate in workers' compensation.

TN S 1839    Herron (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; allows individuals to be exempt from the workers' compensation requirements if such individual is a member of a recognized religious sect or division and is an adherent of established tenets or teachings of such sect or division by reason of which such individual is conscientiously opposed to acceptance of the benefits provided by the workers' compensation Laws.

TN S 2019    Stewart E (D)
Title:    Workers Compensation
Status:    Pending - Carryover
Summary:    Relates to Workers Compensation; allows an aggrieved party to appeal a workers' compensation specialist's order of future medicals in a workers' compensation case after judgment or settlement.
Texas
TX H 486    Dutton (D)
Title:    Disability Payments and Child Support
Status:    Failed - Adjourned
Summary:    Relates to the application of certain disability payments in connection with a claim for child support arrearages.

TX H 528    Solomons (R)
Title:    Pharmaceutical Services
Status:    Enacted 06/17/2011
Summary:    Relates to the provision of pharmaceutical services through informal and voluntary networks in the workers' compensation system; authorizes contracts with informal and voluntary health service plans and networks that provide for fees different from the fees authorized under the fee guidelines by the Commissioner of Pharmaceutical Services; imposes reporting requirements by said networks for contractual fee agreements; provides for an administrative violation and penalty.

TX H 625    Solomons (R)
Title:    Staff Leasing Companies and Workers Compensation
Status:    Enacted 06/17/2011
Summary:    Relates for notice of staff leasing services company workers' compensation claim and payment and reserve information associated with a client company to that client company; provides an administrative violation.

TX H 1774    Taylor L (R)
Title:    Injured Employee Counsel and Workers Compensation
Status:    Enacted 06/17/2011
Summary:    Relates to the continuation and functions of the office of injured employee counsel under the workers' compensation program; provides for negotiated rulemaking, the use of alternative dispute resolution to resolve internal and external disputes, and procedures for complaint investigation and resolution.

TX H 1870    Giddings (D)
Title:    Workers Compensation Disputes
Status:    Failed - Adjourned
Summary:    Relates to judicial review in district court of certain workers' compensation disputes.

TX H 1871    Giddings (D)
Title:    Attorneys Fees and Workers Compensation Cases
Status:    Failed - Adjourned
Summary:    Relates to the amount and payment of attorney's fees in certain workers' compensation cases.

TX H 1872    Giddings (D)
Title:    Workers Compensation Health Care Networks
Status:    Failed - Adjourned
Summary:    Relates to requirements regarding information to be provided to employees covered by workers' compensation health care networks.

TX H 1961    Deshotel (D)
Title:    Workers Compensation Medical Benefits
Status:    Failed - Adjourned
Summary:    Relates to provision of workers' compensation medical benefits to a peace officer or firefighter injured in the line of duty; provides an administrative violation.

TX H 2088    Smithee (R)
Title:    Workers Compensation and Doctor Examinations
Status:    Failed - Adjourned
Summary:    Relates to failure to submit to an examination by a designated doctor under the workers' compensation system.

TX H 2089    Smithee (R)
Title:    Workers Compensation Benefit Payments
Status:    Enacted 06/17/2011
Summary:    Relates to the resolution of overpayment or underpayment of income benefits under the workers' compensation program.

TX HB 2093    Thompson (D)
Title:    Workers Compensation Insurance
Status:    Enacted 06/17/2011
Summary:    Defines a consolidated insurance program as providing liability and workers’ compensation insurance coverage to covered entities. The legislation also provides for the regulation of consolidated insurance programs and prohibits indemnification provisions in construction contracts subject to certain limited exceptions;

TX H 2605    Taylor L (R)
Title:    Texas Department of Insurance
Status:    Enacted 06/17/2011
Summary:    Relates to the functions of the division of workers' compensation of the Texas Department of Insurance; provides that a party to a medical dispute that remains unresolved after a review is entitled to a contested case hearing; requires the division to develop procedures to formally document and analyze complaints received and compile detailed statistics, including the number, source, type, disposition of complaints; requires administrative penalties collected be deposited in the general revenue fund.

TX H 2634    Madden (R)
Title:    State Employee Workers Compensation Benefits
Status:    Failed - Adjourned
Summary:    Relates to extending workers' compensation benefits for certain state employees.

TX H 2740    Quintanilla (D)
Title:    Amount of Temporary Income Benefits
Status:    Failed - Adjourned
Summary:    Relates to the amount of temporary income benefits to which an injured employee is entitled under the workers' compensation system.

TX H 2745    Quintanilla (D)
Title:    Workers Compensation Supplemental Income Benefits
Status:    Failed - Adjourned
Summary:    Relates to worker's compensation supplemental income benefits.

TX H 2827    Hopson (R)
Title:    Coverage for Certain Pharmaceutical Services
Status:    Failed - Adjourned
Summary:    Relates to coverage for certain pharmaceutical services by a workers' compensation insurance carrier.

TX H 3362    Smithee (R)
Title:    Attorney Appointment for a Workers Compensation Claim
Status:    Failed - Adjourned
Summary:    Relates to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.

TX H 3495    Coleman (D)
Title:    Workers Compensation Death Benefit Eligibility
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation death benefit eligibility for certain spouses of peace officers killed in the line of duty.

TX H 3687    Perry (R)
Title:    Workers Compensation Pharmaceutical Benefits
Status:    Failed - Adjourned
Summary:    Relates to the closed formulary for workers' compensation pharmaceutical benefits.

TX S 93    Lucio Ed (D)
Title:    Attorney for a Workers Compensation Claimant
Status:    Failed - Adjourned
Summary:    Relates to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.

TX S 318    Van de Putte (D)
Title:    Pharmaceutical Services
Status:    Failed - Adjourned
Summary:    Relates to the provision of pharmaceutical services through informal and voluntary networks in the workers' compensation system; provides an administrative violation.

TX S 511    Van de Putte (D)
Title:    Workers Compensation Doctor Examinations
Status:    Failed - Adjourned
Summary:    Relates to the designated doctor's examination under the workers' compensation system.

TX S 651    Huffman (R)
Title:    Injured Employee Counsel
Status:    Failed - Adjourned
Summary:    Relates to the continuation and functions of the office of injured employee counsel under the workers' compensation program.

TX SB 800    Duncan (R)
Title:    Workers Compensation Data Collection
Status:    Enacted 06/17/2011
Amends the Texas Labor Code to allow the workers’ compensation commissioner to contract with a data collection agent to fulfill certain data collection requirements of the Texas Workers' Compensation Act;

TX S 809    Seliger (R)
Title:    Workers Compensation Disputes Judicial Review
Status:    Enacted 06/17/2011
Summary:    Relates to judicial review in district court of certain workers' compensation disputes; provides that in the case of a medical fee dispute the party seeking judicial review must file suit by a specified time; provides that an issue regarding whether a carrier properly provided an employee the information required by this subsection may be resolved using the process for adjudication of disputes.

TX S 1174    Deuell (R)
Title:    Workers Compensation Medical Benefits
Status:    Failed - Adjourned
Summary:    Relates to provision of workers' compensation medical benefits to a peace officer or firefighter injured in the line of duty; provides an administrative violation.

TX S 1194    Rodriguez J (D)
Title:    Temporary Income Benefits
Status:    Failed - Adjourned
Summary:    Relates to the amount of temporary income benefits to which an injured employee is entitled under the workers' compensation system.

TX SB 1714     Duncan (R)
Title:    Workers Compensation Defenses
Status:    Enacted 06/17/2011
Summary:    Amends the Texas Labor Code for the purpose of making certain common-law defenses inapplicable in an action to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment when the employee is not covered by workers' compensation insurance obtained through a licensed insurance company or through self-insurance

TX S 1754    Van de Putte (D)
Title:    Workers Compensation Pharmaceutical Benefits
Status:    Failed - Adjourned
Summary:    Relates to the closed formulary for workers' compensation pharmaceutical benefits.

TX S 1764    Rodriguez J (D)
Title:    Workers Compensation Supplemental Income Benefits
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation supplemental income benefits.

TX H 83 a    Garza (R)
Title:    Remedies for Discrimination By a Public Employer
Status:    Failed - Adjourned
Summary:    Relates to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation.
Utah
UT H 55    Powell (R)
Title:    Workers Compensation Claims
Status:    Enacted 03/23/2011
Summary:    Modifies provisions related to state officers and employees to address workers' compensation claims by members of a county sheriff's search and rescue team; defines terms; modifies the workers' compensation benefits available to a volunteer search and rescue team member under specified circumstances; allows the use of money in the Search and Rescue Financial Assistance Program for volunteer search and rescue workers' compensation costs.

UT H 61    Barrus (R)
Title:    Home Business Workers Compensation
Status:    Failed
Summary:    Modifies the Workers' Compensation Act to provide that a home business is not considered an employer of a home business principal's immediate family member for purposes of workers' compensation.

UT S 35    Mayne K (D)
Title:    Construction Licensees Related Amendments
Status:    Enacted 03/30/2011
Summary:    Relates to constructions licensees that are unincorporated entities; amends provisions related to wages, workers' compensation, antidiscrimination, and occupational safety and health; addresses workers' compensation fraud; modifies contractor license requirements; addresses the demonstration of financial responsibility; relates to unprofessional or unlawful conduct; addresses lawful presence in the United States; imposes workers' compensation and unemployment coverage requirements on certain licensees.

UT S 248    Bramble (R)
Title:    Controlled Substance Prescriptions
Status:    Enacted 03/22/2011
Summary:    Authorizes certain individuals to access the controlled substance database for the purpose of reviewing a patient's request for workers' compensation benefits; requires that a physician review the controlled substance database before writing a first prescription for a schedule II or schedule III controlled substance to check for prescription duplication, drug over-use, or drug abuse.
Vermont
VT H 252    Pugh (D)
Title:    Lump-Sum Insurance Payments
Status:    Pending - Carryover
Summary:    Proposes to exempt lump-sum payments related to insurance payments, court settlements, or disability claims from the definition of household income for purposes of the homestead property tax income sensitivity adjustment.

VT H 425    Leriche (D)
Title:    Workers Compensation Independent Contractor
Status:    Pending - Carryover
Summary:    Proposes to establish a common definition of an "independent contractor" for the workers' compensation statutes.

VT S 96    Senate Economic Development, Housing and General Affairs Committee
Title:    Workers Compensation
Status:    Enacted 05/26/2011
Summary:    Proposes to make technical corrections to the workers' compensation and unemployment compensation statutes; provides that any vocational rehabilitation plan for a claimant presented to the employer shall be deemed valid if the employer was provided an opportunity to participate in the development of the plan; provides for requests for preauthorization to determine if proposed treatment is necessary; provides for release of relevant medical records by health care providers.
Virginia
VA H 71    Carrico (R)
Title:    Line of Duty Act
Status:    Failed
Summary:    Relates to line of Duty Act; relates to short-term disability benefits for state police officers.

VA H 156    Dance (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; expands the presumption that specific types of cancers in firefighters and certain other public safety employees are occupational diseases compensable under the Workers' Compensation Act to include kidney cancer and any other type of cancer that results from the inhalation, ingestion, or absorption of a toxic substance.

VA H 446    Ware R (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Excludes a person from coverage under the State Workers' Compensation Act if he is covered by or eligible for benefits with respect to disability or death under the Longshore and Harbor Workers' Compensation Act or the Jones Act; provides that such persons continue to be employees for purposes of the Act with respect to injury by accident that occurred prior to a specified date.

VA H 603    Loupassi (R)
Title:    Workers Compensation Commission
Status:    Enacted 04/08/2010
Summary:    Authorizes the Workers' Compensation Commission to satisfy its obligations to provide copies of notices, opinions, orders, and awards by sending them by electronic communications in the manner prescribed by the Commission.

VA H 705    Merricks (R)
Title:    Workers Compensation Commission
Status:    Enacted 04/11/2010
Summary:    Repeals provisions that require the Workers' Compensation Commission to send copies of awards by priority mail with delivery confirmation or equivalent mailing option; increases the period in which an application for review of an award may be made.

VA H 955    Lingamfelter (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Adds salaried and volunteer lifesaving and rescue squad members to the list of public safety personnel who are entitled to a presumption that hypertension and heart disease are occupational diseases suffered in the line of duty that are covered under the Workers' Compensation Act.

VA H 1326    Merricks (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Provides that a health care provider rendering medical services outside Virginia to an injured worker whose claim and injuries have been accepted as compensable under the Virginia Workers' Compensation Act shall be reimbursed for medical treatment in an amount equal to the workers' compensation fee schedule, if any, adopted by that state.

VA H 1346    Barlow (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Establishes a limitations period during which a public safety employee may bring a claim under the Workers' Compensation Act for hepatitis at two years after the employee receives notice of a positive test for exposure to hepatitis.

VA H 1475    Ware O (D)
Title:    Work Related Injuries
Status:    Enacted 03/18/2011
Summary:    Creates a presumption that certain injuries are work related; provides that in any claim for compensation, where an employee is physically or mentally unable to testify as confirmed by competent medical evidence and where there is unrebutted prima facie evidence that indicates that the injury was work related, it shall be presumed, in the absence of a preponderance of evidence to the contrary, that the injury was work related.

VA H 1705    Lewis (D)
Title:    Workers Compensation
Status:    Enacted 03/26/2011
Summary:    Authorizes the Workers' Compensation Commission, in awards entered for incapacity for work, to require the employer to furnish and maintain modifications to or equipment for the injured employee's home and automobile; provides that such awards may be made upon the determination by the treating physician and the Commission that they are medically necessary; increases the maximum aggregate cost of all such items and modifications on account of any one accident to $42,000.

VA H 1795    Tata (R)
Title:    Virginia Retirement System
Status:    Enacted 04/29/2011
Summary:    Amends the Workforce Transition Act and retirement plans administered by the Virginia Retirement System to recognize the difference in benefits accorded a person who becomes a Retirement System member by a specified date; includes state police and law officers; provides that specified persons must be at least sixty years of age on the date of involuntary separation to be eligible for the retirement program; provides that any member receiving work-related disability benefits may purchase service credit.

VA H 1812    Miller P (D)
Title:    Workers Compensation for Police Officers
Status:    Enacted 03/16/2011
Summary:    Adds police officers of the Metropolitan Washington Airports Authority and the Norfolk Airport Authority to the list of public safety employees who are entitled to the presumption that certain infectious diseases are occupational diseases compensable under the Workers' Compensation Act; provides for such police officers only for periods that the Authority voluntarily subjects itself to the provisions of Workers' Compensation; relates to hepatitis, meningococcal meningitis, tuberculosis and HIV.

VA H 2087    Herring (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Adds Methicillin-resistant Staphylococcus aureus (MRSA) to the list of infectious diseases that, if contracted by certain public employees with a documented occupational exposure to blood or body fluids, are presumed to be an occupational disease compensable under the Workers' Compensation Act.

VA H 2170    Phillips (D)
Title:    Birth-Related Neurological Injury Compensation Program
Status:    Enacted 03/14/2011
Summary:    Prohibits the Workers' Compensation Commission from awarding attorney fees or other expenses incurred by any physician, hospital, or nurse midwife, or a medical malpractice carrier, in a proceeding involving a birth-related neurological injury under the Birth-Related Neurological Injury Compensation Act; prohibits awards reimbursing a claimant for attorney fees incurred in litigating issues related to the reasonableness of the claimant's attorney fees.

VA H 2392    Kilgore (R)
Title:    Risk Management Plan
Status:    Failed
Summary:    Provides that participation by constitutional officers in the Department of the Treasury's risk management plan shall be determined by the local governing body of the locality served by the officers rather than by the State Compensation Board; provides that also, local governments and constitutional officers choosing not to participate in the risk management plan shall not be subject to payment of any premium or administrative costs.

VA H 2401    Wright (R)
Title:    Small Farms Workers Compensation Exemption
Status:    Enacted 03/26/2011
Summary:    Provides that the number of full-time small farm and horticultural laborers an employee may have in service and remain exempt from requirements of the Workers' Compensation Act will increase to three.

VA H 2477    Phillips (D)
Title:    Workers Compensation Coverage
Status:    Enacted 03/24/2011
Summary:    Deletes the requirement that the 1980 standard of the International Labour Office Classification of Radiographs of Pneumoconiosis be used in determining coal worker's pneumoconiosis; requires that the current ILO Classification of Radiographs of the Pneumoconiosis be used; provides for limitations on claims.

VA S 88    Howell J (D)
Title:    Criminal Injuries Compensation Fund
Status:    Enacted 04/21/2010
Summary:    Relates to the Criminal Injuries Compensation Fund; requires health care providers who provide services under the Criminal Injuries Compensation Fund to negotiate with the Worker's Compensation Commission to establish agreements relating to rates for payment of claims; provides that the rates will discharge the obligation to the provider in full except where the provider is an agency of the Commonwealth and the claimant receives a third party recovery in addition to the payment from the Fund.

VA S 95    Quayle (R)
Title:    Line of Duty Act
Status:    Enacted 04/12/2010
Summary:    Provides that a state police officer who incurs a work-related injury in the line of duty shall receive supplemental short-term disability coverage providing income replacement for 100 percent of the officer's creditable compensation for up to one calendar year; provides that officer would then be eligible for supplemental long-term disability benefits which provide replacement of 60% of the officer's creditable compensation.

VA S 367    Puckett (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Limits the liability of an employer for certain costs of an employee's surgical procedures in connection with an award under the Virginia Workers' Compensation Act; specifies terms.

VA S 610    Edwards (D)
Title:    Workers Compensation Commission Filings
Status:    Enacted 03/11/2010
Summary:    Expands options for filing materials with the Workers' Compensation Commission to include means of electronic transmission that have been approved by the Commission.

VA S 612    Wagner (R)
Title:    Workers Compensation Awards
Status:    Enacted 03/11/2010
Summary:    Repeals provisions that require the Workers' Compensation Commission to send copies of awards by priority mail with delivery confirmation or equivalent mailing option; increases the period in which an application for review of an award may be made.

VA S 759    Reynolds (D)
Title:    Workers Compensation
Status:    Failed
Summary:    Establishes a rebuttable presumption that a subsequent injury to an employee is a compensable consequence of the employee's primary injury if the subsequent injury is to a body part or system that sustained a primary injury that was accepted as compensable by the employer or was found to be compensable by the Workers' Compensation Commission; provides that an employer may rebut this presumption by clear and convincing evidence.

VA S 823    Edwards (D)
Title:    Workers Compensation Claim Evidence
Status:    Enacted 03/20/2011
Summary:    Creates a presumption, in the absence of a preponderance of evidence to the contrary, that an injury is work related; provides that the presumption arises in a claim under the Workers' Compensation Act where an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related.
Washington
WA H 1317    Kirby (D)
Title:    Social Security Retirement Benefits
Status:    Pending - Carryover
Summary:    Eliminates the industrial insurance offset for social security retirement benefits.

WA H 1450    Seaquist (D)
Title:    Duty Related Death Benefit for Public Employees
Status:    Pending - Carryover
Summary:    Increases the duty-related death benefit for public employees.

WA H 1487    Springer (D)
Title:    Claims Management Authority
Status:    Pending - Carryover
Summary:    Provides additional claims management authority for retrospective rating plan employers and groups; gives retrospective rating (retro) employers and groups who administer their plans with an approved claims administrator authority to schedule medical examinations and vocational assessments and close certain claims.

WA H 1686    Sells (D)
Title:    Long Term Disability for Injured Workers
Status:    Pending - Carryover
Summary:    Concerns long-term disability for injured workers and costs to the workers' compensation program.

WA H 1725    Sells (D)
Title:    Workers Compensation Program
Status:    Enacted 05/10/2011
Summary:    Addresses administrative efficiencies for the workers' compensation program; allows the Department of Labor and Industries to send electronic notices when requested by the worker, employer, or other person affected; requires the department to report to the Legislature on statutory changes needed to ensure an injured worker may receive care from a direct primary care provider; relates to participation in a retrospective rating plan by employers.

WA H 1726    Sells (D)
Title:    Vocational Rehabilitation Subcommittee
Status:    Enacted 05/10/2011
Summary:    Addresses the recommendations of the vocational rehabilitation subcommittee for workers' compensation to include allowing workers suffering the loss of two or more limbs or total eyesight to receive vocational services under some circumstances, allowing the Department of Labor and Industries to extend the time for a worker to selection Option 2 vocational rehabilitation benefits and for an employer to make a valid return-to-work offer; makes other changes in vocational rehabilitation services.

WA H 1831    Kirby (D)
Title:    Workers' Compensation Payments and Records
Status:    Pending - Carryover
Summary:    Requires self-insured employers, who maintain a place of business in the state, to keep complete records of all claims for workers' compensation administered by the employer.

WA H 1868    Sells (D)
Title:    Long Term Disability for Injured Workers
Status:    Pending - Carryover
Summary:    Concerns long-term disability for injured workers.

WA H 1872    Springer (D)
Title:    Occupational Disease Claims
Status:    Pending - Carryover
Summary:    Addresses occupational disease claims and authorization of voluntary settlements.

WA H 1910    Sells (D)
Title:    Long-Term Disability for Injured Workers
Status:    Pending - Carryover
Summary:    Concerns long-term disability for injured workers.

WA H 1964    Condotta (R)
Title:    Calculation of Workers' Compensation Benefits
Status:    Pending - Carryover
Summary:    Simplifies and adds certainty to the calculation of workers' compensation benefits.

WA H 2002    Sells (D)
Title:    Industrial Insurance Employer Wage Subsidies
Status:    Pending - Carryover
Summary:    Concerns industrial insurance employer wage subsidies and reimbursements for light duty or transitional work.

WA H 2023    Springer (D)
Title:    Savings in Workers' Compensation
Status:    Pending - Carryover
Summary:    Achieves savings in workers' compensation but only with respect to permanent partial disability awards and awards of permanent total disability following an award of permanent partial disability.

WA H 2105    Appleton (D)
Title:    Causes of Action by Workers Injured in Employment
Status:    Pending - Carryover
Summary:    Eliminates restrictions on causes of action by workers injured in employment.

WA S 5279    Holmquist (R)
Title:    Industrial Insurance Statutes
Status:    Pending - Carryover
Summary:    Defines recovery for purposes of legal actions under the industrial insurance statutes.

WA S 5280    Holmquist (R)
Title:    Industrial Insurance Laws
Status:    Pending - Carryover
Summary:    Authorizes voluntary settlement agreements under industrial insurance Laws.

WA S 5341    Keiser (D)
Title:    Injured Workers By Self Insured Employers
Status:    Pending - Carryover
Summary:    Requires notice to injured workers by self-insured employers.

WA S 5566    Kohl-Welles (D)
Title:    Workers Compensation Reform
Status:    Pending - Carryover
Summary:    Reforms workers' compensation through authorization of voluntary settlements, creation of a return to work subsidy program, and authorization of a study of occupational disease.

WA S 5582    Conway (D)
Title:    Workers Compensation Program
Status:    Pending - Carryover
Summary:    Addresses administrative efficiencies for the Workers' Compensation Program.

WA S 5583    Kohl-Welles (D)
Title:    Vocational Rehabilitation Subcommittee
Status:    Pending - Carryover
Summary:    Addresses recommendations of the vocational rehabilitation subcommittee for workers' compensation.

WA S 5801    Kohl-Welles (D)
Title:    Occupational Health and Education
Status:    Enacted 03/14/2011
Summary:    Establishes medical provider networks and expanding centers for occupational health and education in the industrial insurance system; establishes minimum standards for providers who treat workers from both state fund and self-insured employers; establishes a health care provider network to treat injured workers, and shall accept providers into the network who meet those minimum standards; convenes an advisory group; establishes additional centers for occupational health and education.

WA H 2108 a    Condotta (R)
Title:    Workers' Compensation Reform
Status:    Pending - Carryover
Summary:    Reforms workers' compensation through authorization of voluntary settlements and creation of a return-to-work subsidy program.

WA H 2109 a    Eddy (D)
Title:    Workers' Compensation Reform
Status:    Pending - Carryover
Summary:    Reforms workers' compensation through authorization of voluntary settlements and creation of a return-to-work subsidy program.

WA H 2116 a    McCoy (D)
Title:    Workers Compensation Claims Management System
Status:    Pending - Carryover
Summary:    Requires a performance audit of the workers' compensation claims management system.

WA H 2123 a    Green (D)
Title:    Workers Compensation System
Status:    Enacted 06/15/2011
Summary:    Relates to workers' compensation; authorizes reimbursement to employers of a a certain portion of an injured worker's wages; provides that an employer's experience rating shall not be affected by such reimbursement; requires the creation of a Stay-At-Work Account to be funded by certain assessments on employers; makes changes relating to benefit amounts, claim resolution structured settlements, permanent partial disability compensation, funding for workplace safety and health investment projects, and fraud.
 
West Virginia
WV H 2006    Staggers (D)
Title:    Firefighter Injury or Disease
Status:    Failed - Adjourned
Summary:    Provides a rebuttable presumption for a volunteer firefighter who has developed a pulmonary disease or sustained a cardiovascular injury for workers' compensation benefits provided that certain conditions of employment have been met; eliminates the rebuttable presumption that cardiovascular disease is a compensable injury for firefighters; changes the six month time frame for certain firefighter injuries to six weeks.

WV H 2065    Ennis (D)
Title:    Forth Disability Benefits for Employees
Status:    Failed - Adjourned
Summary:    Sets forth disability benefits for employees that receive a foreseeable injury in an inherently dangerous function required by their employer but outside scope of employment.

WV H 2138    Fleischauer (D)
Title:    Domestic Violence Compensation of Unemployment
Status:    Failed - Adjourned
Summary:    Provides for the payment of unemployment compensation when a person misses work due to domestic violence.

WV H 2145    Doyle (D)
Title:    Workers' Compensation Coverage
Status:    Failed - Adjourned
Summary:    Provides workers' compensation coverage for certain employees who perform duties attendant to racing activities.

WV H 2307    Manchin (D)
Title:    Workers Compensation Claimant Attorney Fees
Status:    Failed - Adjourned
Summary:    Relates to the worker's compensation claimant attorney fees.

WV H 2396    Fleischauer (D)
Title:    Workers' Compensation Awards
Status:    Failed - Adjourned
Summary:    Requires review and approval of final settlements of Workers' Compensation awards.

WV H 2517    Perry (D)
Title:    Correctional Industries and Workers' Compensation
Status:    Enacted 03/24/2011
Summary:    Amends provisions relating to providing workers' compensation benefits for persons participating in the prison industry enhancement certification program; creates an exception for prohibition of purchase of temporary total disability benefits coverage for persons participating in the program; authorizes the purchase of workers' compensation insurance by the Commissioner of the Division of Corrections for participating inmates.

WV H 3108    Hunt (D)
Title:    Permanent Total Disability Recipients
Status:    Failed - Adjourned
Summary:    Provides permanent total disability recipients annual cost-of-living allowances.

WV H 3163    Perry (D)
Title:    Workers' Compensation Programs
Status:    Enacted 04/05/2011
Summary:    Establishes a program to provide workers' compensation coverage to state government entities and their employees; designates the Insurance Commissioner to manager workers' compensation risks of state entities; creates a purchasing exemption for the program; authorizes the commissioner to assess fees, surcharges and premiums; creates a fund in the state Treasury.

WV H 3271    White H (D)
Title:    Distribution of State Funds
Status:    Enacted 04/04/2011
Summary:    Creates a workers' compensation insurance subsidy program for volunteer fire departments; establishes a special program within the Auditor's Office; grants authority to the Auditor to administer the program; designates a funding formula for the distribution of moneys allocated; grants rule-making authority to administer the program; requires a report to the Legislature.

WV S 99    Kessler (D)
Title:    Workers' Compensation for Mental Illness
Status:    Failed - Adjourned
Summary:    Allows workers' compensation for mental illness resulting from being victim of crime.

WV S 403    Hall M (R)
Title:    Disbursement where Injury Is Self Inflicted
Status:    Failed - Adjourned
Summary:    Relates to disbursement where injury is self-inflicted or employer caused.

WV S 441    Foster (D)
Title:    Workers' Compensation
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation; creates a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment; requires the Insurance Commissioner to study the effects of the rebuttable presumption.

WV S 513    Minard (D)
Title:    Workers' Compensation Coverage
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation coverage of state government entities; establishes fund.

WV S 602    Unger (D)
Title:    Workers Compensation Coverage of State Entities
Status:    Failed - Adjourned
Summary:    Creates program for managing workers' compensation coverage of state entities by Insurance Commissioner.

WV S 603    Jenkins (D)
Title:    Civil Air Patrol
Status:    Failed - Adjourned
Summary:    Includes Civil Air Patrol in state entities workers' compensation coverage.
Wisconsin
WI AB 364    Roys (D)
Title:    Prohibiting Abusive Work Environments
Status:    Pending
Summary:    Creates an exception to the exclusive remedy of workers compensation for injuries arising out of work and would create a civil cause of action for injuries that are sustained due to an abusive work environment.

WI SB 277    Coggs, S. (D)
Title:    Prohibiting Abusive Work Environments
Status:    Pending
Summary:    Creates an exception to the exclusive remedy of workers compensation for injuries arising out of work and would create a civil cause of action for injuries that are sustained due to an abusive work environment.
Wyoming
WY H 43    Zwonitzer Da (R)
Title:    Workers Compensation
Status:    Failed
Summary:    Relates to workers' compensation; provides for review of district court judgments entered upon review of worker's compensation contested cases by Writ of Certiorari to the Supreme Court; specifies applicability.

WY H 232    Nicholas B (R)
Title:    Workers Compensation
Status:    Failed - Adjourned
Summary:    Relates to workers' compensation; specifies the reference guide to be used for the rating of physical impairments; provides for an effective date.

WY S 28    Joint Interim Committee on Travel, Recreation, Wildlife & Cultural Resources
Title:    Workers Compensation
Status:    Enacted 02/15/2011
Summary:    Relates to workers compensation; provides coverage for volunteers working on projects approved by the Department of State Parks and Cultural Resources.

WY S 37    Emerich (R)
Title:    Private Health Insurance and Disability Insurance
Status:    Enacted 03/03/2011
Summary:    Provides that private health benefit plans do not include coverage for a specified disease or hospital confinement, indemnity or limited benefit health insurance; provides that disability insurance does not include accidental death, credit insurance, dental, vision, Medicare supplemental, long-term care insurance, disability income, liability insurance supplements, specified diseases, workers' compensation, motor vehicle medical payments, hospital confinement or limited benefit insurance.

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