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AR HB1650

Bill

Status

Failed

4/24/2019

Primary Sponsor

Jack Ladyman

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Allows workers' compensation claimants to pursue third-party claims while maintaining the employer or carrier's right to receive reasonable notice and opportunity to join the action.

  • Grants employers, carriers, and self-insured entities an absolute first lien on two-thirds (2/3) of net proceeds recovered from third-party actions after collection costs are deducted.

  • Establishes an absolute right for employers, carriers, and self-insured entities to maintain subrogation actions against third parties responsible for workplace injuries or deaths.

  • Requires employers, carriers, or self-insured entities to notify claimants in writing of their right to hire a private attorney to pursue benefits beyond the subrogation interest against responsible third parties.

  • Guarantees compensation beneficiaries receive at least one-third (1/3) of amounts recovered from third parties after deducting reasonable collection costs.

  • Allows employers and carriers to maintain actions against uninsured and underinsured motorist coverage.

  • Changes claim dismissal procedures to require courts to dismiss inactive claims (no hearing request within six months) upon motion rather than permitting discretionary dismissal.

Legislative Description

To Amend Certain Provisions Of The Workers' Compensation Law That Resulted From Initiated Act No. 4 Of 1948; And To Revise Third-party Liability In The Workers' Compensation Law.

Last Action

Died on House Calendar at Sine Die Adjournment

4/24/2019

Committee Referrals

Public Health, Welfare and Labor3/4/2019

Full Bill Text

No bill text available