Bill Summary for Bill Number SB10-187

Date: 04/27/2010

Final
BILL SUMMARY for SB10-187

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
Moved to refer Senate Bill 10-187 to the Committee	PASS

12:10 PM -- Senate Bill 10-187

Representative Gagliardi called the committee to order. Representative Riesberg, prime sponsor, presented Senate Bill 10-187 concerning workers' compensation. This bill changes the Workers' Compensation Act of Colorado as follows:

clarifies that Medicaid and other indigent health care programs are not considered wages for purposes of worker's compensation;
allows an injured worker to recover costs other than attorneys fees to pursue an order requiring an insurer to pay for a prescribed treatment plan;
clarifies that for determining an injured worker's average weekly wage the phrase "at the time of injury" refers to the date of the accident;
eliminates permanent partial disability from the types of disabilities that require a social security offset;
establishes standards for an injured worker to refuse an offer of modified employment and not be responsible for his or her termination of employment;
adds the loss of a tooth and removes the loss of an eye to the list of scheduled injuries;
requires the Director of the Division of Workers' Compensation to adjust the caps on combined disability payments by the same percentage as the adjustment to the state average weekly wage beginning July 1, 2011; and
prohibits the director or an administrative law judge from conditioning a lump sum payment on the injured workers' waiver of his or her right to pursue permanent total disability payments.

12:12 PM -- John Berry, representing the Workers' Compensation Coalition, testified against the bill and expressed his concerns with the provision in the bill that deals with accepting an offer of modified employment on page 7, line 7, of the bill. Representative Balmer asked why some businesses support the bill and the Workers' Compensation Coalition does not. Mr. Berry responded.

12:14 PM -- Doug Kotarek, representing the Colorado Self Insurers Association, testified in support of the bill. He explained that the association represents employers who self insure for workers' compensation purposes. Mr. Kotarek said the bill is a compromise between a number of bills. Representative Balmer asked whether the Colorado Civil Justice League (CCJL) supports the bill or not. Mr. Kotarek explained that he does not know and that they were not a part of the negotiations on the bill. Representative Balmer asked for clarification as to why Mr. Kotarek is for the bill and Mr. Berry is not. Mr. Kotarek responded. Representative Balmer commented on codifying case law and asked why it is necessary to have this in statute, when it is already case law. Mr. Kotarek explained that the bill was a give and take situation and the bill is the compromise that was reached by all parties involved. Representative Liston asked a question regarding Mr. Berry's's testimony.

12:22 PM -- Cathy Wanstrath, representing Pinnacol Assurance, testified in support of the bill. She said they were part of the discussions and the bill is the product of negotiation. Ms. Wanstrath talked about the fiscal note and explained that it is rather high because the state is self insured. Representative Balmer asked about other workers' compensation insurers and whether they were part of the discussions and whether she knows if CCJL is in support of the bill or not. Ms. Wanstrath said she does not know their stance, but does know that they are aware of the bill and other workers' compensation companies were not part of the discussions, but have been informed of the measure. Representative Liston talked about the increase in the state average weekly wage of 3.9 percent in the fiscal note and tied to the temporary disability and permanent partial disability benefits and whether it will increase by that number until it is changed. Ms. Wanstrath explained that the 3.9 was used by the fiscal analyst as a general point, but that number will actually vary. Representative Liston commented, stating 3.9 percent seemed high.

12:28 PM -- Neil O'Toole, on the board of the Workers' Compensation Education Association (WCEA) and also practices law for the WCEA, testified in support of the bill. He said the bill is truly a compromise.

12:30 PM

Representative Riesberg addressed Representative Balmer's questions about CCJL and said that the bill has already proceeded through the Senate and is now in the second house and he assumes that since they have not heard from CCJL, that they have no strong objection. Representative Balmer commented on the bill and his position.


BILL:	SB10-187
TIME:	12:33:02 PM
MOVED:	Middleton
MOTION:	Moved to refer Senate Bill 10-187 to the Committee on Appropriations. The motion passed 8-2.
SECONDED:	Kerr A.
		VOTE
	Balmer	No
	Bradford	Yes
	Casso	Yes
	Kerr A.	Yes
	Liston	Yes
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	No
	Gagliardi	Yes
	Rice	Excused

Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS