Bill Detail: HB23-1076

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Title Workers' Compensation
Status Governor Signed (06/05/2023)
Bill Subjects
  • Labor & Employment
House Sponsors L. Daugherty (D)
Senate Sponsors J. Marchman (D)
House Committee Business Affairs and Labor
Senate Committee Business, Labor and Technology
Date Introduced 01/19/2023

Section 1 of the bill increases the limit on medical impairment
benefits based on mental impairment from 12 weeks to 36 weeks.
Section 2 removes language authorizing an employee to petition
the division of workers' compensation in the department of labor and
employment (division) prior to receiving a replacement of any artificial
member, glasses, hearing aid, brace, or other external prosthetic device,
including dentures.
Section 3 allows an employee to request a hearing when the
employee's temporary total disability benefits end based on an attending
physician's written release to return to regular employment.
Section 4 specifies that when a physician recommends medical
benefits after maximum medical improvement, the benefits admitted by
the insurer or self-insured employer are not limited to any specific
medical treatment.
Current law requires an insurance carrier to provide an
independent medical examiner and all other parties a complete copy of all
medical records in its possession pertaining to an injury. Section 5 limits
the medical records required to be provided to records relevant to the
injury. Section 5 also specifies how the division is required to determine
the amount and allocation of costs to be paid by the parties for an
independent medical examination.
Section 6 allows a prehearing administrative law judge to issue
interlocutory orders resolving disputes regarding the content and format
of the independent medical examiner's medical record packet, indigency
status, and the allocation of independent medical examiner costs.
Current law states that a contingent attorney fee exceeding 20% of
the amount of contested benefits is presumed to be unreasonable. Section
increases the amount to 25%.

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