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AR HB1953

Bill

Status

Introduced

3/6/2017

Primary Sponsor

Charles Collins

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Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Reverses case law allowing employees properly terminated for misconduct to receive temporary total or temporary partial disability benefits when employer has work available within employee's medical restrictions.

  • Amends definition of "objective findings" to require specific diagnosis of palpable muscle spasms; muscle relaxant prescriptions alone cannot establish muscle spasms as an objective finding.

  • Modifies third-party liability provisions to allow employers/carriers a future credit against workers' compensation benefits from third-party settlements after reimbursement, preventing double recovery to injured employees.

  • Eliminates consideration of the "made whole doctrine" when determining employer/carrier liens in third-party claims and requires written consent from employer or carrier for any out-of-court third-party settlements.

  • Allows Medicare-eligible claimants to petition for partial settlement of all issues except future medical treatment, with commission retaining jurisdiction only over future medical expense claims.

Legislative Description

To Amend Certain Provisions Of The Workers' Compensation Law That Resulted From Initiated Act No. 4 Of 1948.

Last Action

Died in the House at Sine Die

5/1/2017

Committee Referrals

Public Health, Welfare and Labor3/6/2017

Full Bill Text

No bill text available