Date: 04/14/2009
Final
BILL SUMMARY for SB09-243
HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR
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10:05 AM -- Senate Bill 09-243
Representative Rice said he would take witness testimony on Senate Bill 09-243, concerning payments for workers' compensation benefits. He said the bill would be rescheduled for action at a later date. The bill makes changes to workers' compensation insurance benefit procedures. The fee schedule for payment of benefits is extended to services delivered after any final order, final admission, or full or partial settlement of a claim. When determining the maximum amount of temporary and permanent partial disability payments a claimant is eligible to receive, the claimant's mental impairment rating must be combined with the physical impairment rating. Finally, payment for health care services is authorized for claims that are found to be compensable after initially being denied.
10:07 AM -- James Buck, a private attorney, representing the Workers' Compensation Coalition, testified against the bill. He talked about the concern he has with combining the mental impairment rating and the physical impairment rating. He said currently the two ratings are separate and are paid out separately and the bill would combine the two. Mr. Buck explained that there are caps on the amount of benefits a claimant can receive based on the impairment rating. He stated that currently, the impairment rating of the whole person (head through spine) are combined with the extremity rating (legs and hands) and this is the physical impairment rating. If the claimant is found to have a 25 percent or less physical impairment rating, the cap on indemnity benefits is $75,000, if the claimant is found to have 26 percent or greater impairment rating , benefits are capped at $150,000, unless the claimant is found to have a permanent total disability. Mr. Buck said the bill will encourage everyone to try to obtain a mental impairment in addition to the physical impairment in an attempt to exceed the 25 percent impairment rating in order to fall under the higher benefit cap. Mr. Buck responded to questions from the committee.
10:24 AM -- John Berry, representing the Workers' Compensation Coalition, testified against the bill and responded to questions.