Senate Bill 187 (SB-187) — Concerning Workers' Compensation  — Sen. Tochtrop

Full text of SB-187 

This bill addresses a variety of workers' compensation matters. Among its provisions are factors for consideration by an Administrative Law Judge when determining the reasonableness of an offer of modified employment. If you have any questions, please contact your return-to-work specialist.

Summary

  • States that Medicaid and other indigent health care programs are not considered health insurance plans to be included in the calculation of wages when the employer's group health insurance plan is terminated for an injured worker.
  • Requires that if any party files an application for hearing to address whether an injured worker is entitled to medical maintenance benefits recommended by an authorized treating physician (ATP), and the benefit is admitted fewer than 20 days before the hearing, the court shall award the injured worker all reasonable costs (not including attorney fees) incurred in pursuing the benefit.
  • Eliminates permanent partial disability benefits from the types of indemnity benefits to which an SSDI offset or an employer-paid pension or disability plan offset can be applied.
  • States that an injured worker's refusal to accept a modified duty offer that would require them to travel a distance of more than 50 miles one-way or which refusal is determined by an administrative law judge to be reasonable considering the totality of the injured worker's circumstances does not constitute "responsibility for termination."
  • The loss of a tooth is added to the list of "scheduled injuries", and the loss of an eye is eliminated from the schedule.
  • For injuries sustained on and after January 1, 2012, the Director shall annually adjust (on July 1, 2011 and on each July 1 thereafter) the limits on combined TTD and PPD payments by the percentage of adjustment made by the Director to the state average weekly wage pursuant to Section 8-47-106.
  • Neither the Director nor an ALJ shall in any way attempt to condition a lump sum compensation payment on the injured worker waiving the right to pursue permanent total disability benefits.


Business Impact

  • No impact. There is no cost to the injured worker of conversion to these programs, so no additional cost to Pinnacol.
  • Minimal impact. Pinnacol does not generally contest medical maintenance benefits that are recommended by an ATP without good cause.
  • Marginal impact.
  • Minimal impact. Additional factors must be considered when making offers of modified employment.
  • Minimal impact. The number of tooth injuries is not substantial, and the loss of an eye is often compensated as a non-scheduled injury.
  • Measurable impact. There will be new "caps" every year.
  • Minimal impact. Pinnacol understands that an admission for PPD does not preclude the pursuit of PTD.


Status

To the governor for signature



Effective Date

Section 7 takes effect on January 1, 2011 and applies to injuries sustained on or after January 1, 2012.

Remainder of the law is effective on July 1, 2010.