Final
BILL SUMMARY for
SB05-134
HOUSE
COMMITTEE ON
BUSINESS AFFAIRS AND LABOR
Votes:
Action Taken:
Moved amendment L.003 (Attachment C). L.003 clari
Moved amendment L.004 (Attachment D) as a substitu
Moved that SB05-134 be referred, as amended by L.0
PASS
FAIL
PASS
10:34 AM -- Senate Bill 05-134
Representative Coleman presented SB05-134. The bill makes various modifications in current law to the procedures governing workers' compensation administrative hearings. The intent of the bill is to save the time and money that is involved with an expert witness waiting for long durations to testify in a case.
10:40 AM --
Dave Carroll, representing the Colorado Self-Insurer's Association, testified in opposition to the bill and provided the committee with written testimony (Attachment B). Mr. Carroll testified that he believes the proposed changes will interfere with the presentation of evidence, and therefore, will interfere with due process. Mr. Carroll testified that these changes would have an adverse impact on the respondent in a case. Mr. Carroll responded to questions from the committee.
10:58 AM --
Fred Ritsema, representing the Colorado Self-Insurer's Association, testified in opposition to the bill. Mr. Ritsema testified that the current system works. Mr. Ritsema responded to questions from the committee.
11:18 AM
--
Robert Erickson, representing Pinnacol Assurance, testified in opposition to the bill. Mr. Erickson testified that the bill will not accomplish the objectives that it intends to address. In particular, Mr. Erickson does not believe that it will reduce costs. He believes that there will be more pre-hearing conferences and more and lengthier depositions if the bill passes.
11:22 AM --
Doug Phillips, representing himself as a claimant attorney, testified in support of the bill. Mr. Phillips testified that the current system of administrative hearings promotes increased costs. Mr. Phillips responded to questions from the committee.
11:33 AM --
Bill Macdonald, representing himself as a claimant attorney, testified in support of the bill.
BILL:
SB05-134
TIME:
11:37:58 AM
MOVED:
Coleman
MOTION:
Moved amendment L.003 (Attachment C). L.003 clarifies that an expert witness will be reimbursed according to the fee schedule provided in statute. The amendment passed 11-2.
SECONDED:
Marshall
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Yes
Cerbo
Yes
Marshall
Yes
Not Final
YES:
11
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-134
TIME:
11:40:38 AM
MOVED:
McCluskey
MOTION:
Moved amendment L.004 (Attachment D) as a substitute amendment for L.003. L.004 clarifies that the parties have the right to discovery of deposition of the claimant prior to the deposition of any expert. The motion failed 5-8.
SECONDED:
Massey
VOTE
Balmer
Yes
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
No
Cerbo
No
Marshall
No
Not Final
YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
11:47 AM
Representative Coleman made closing remarks.
BILL:
SB05-134
TIME:
11:47:38 AM
MOVED:
Coleman
MOTION:
Moved that SB05-134 be referred, as amended by L.003, to the Committee of the Whole with a favorable recommendation. The motion passed 8-5.
SECONDED:
Marshall
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
Massey
No
McCluskey
No
Paccione
Yes
White
Yes
Cerbo
Yes
Marshall
Yes
Final
YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS