HB2650 - Workers' Compensation Act Summary

• Modifies definitions in the Workers' Compensation Act, including "major cause" (more than 50% of injury), "objective medical evidence," and adds new definitions for "continuing medical maintenance," "evidence-based," and "scientifically based" standards.

• Specifies that intentional tort liability requires willful, deliberate, specific intent to cause injury; mere knowledge that injury was substantially certain does not constitute intentional tort, and the issue is a question of law for the court.

• Establishes that injured employees may elect to pursue claims either in Workers' Compensation Court or civil court (but not both) in cases of intentional tort or employer failure to secure required insurance coverage.

• Creates a Task Force on Vocational Rehabilitation for Injured Workers (until November 30, 2010) with 10 members appointed by legislative leaders and the Governor to study methods to improve vocational rehabilitation programs for injured workers.

• Requires Workers' Compensation Court to comply with Physician Advisory Committee findings and recommendations regarding reasonable medical treatment, duration of treatment, and continuing medical maintenance unless clear and convincing evidence contradicts them.