SB 738 Summary

• Modifies temporary total disability termination grounds to require only two consecutive missed medical appointments (reduced from three) or failure to comply with physician orders to trigger employer termination rights, with employee able to contest within 10 days.

• Changes temporary partial disability compensation calculation to the greater of 70% of wage difference or eliminates prior formula, capping benefits at 52 weeks.

• Establishes permanent partial disability deferral system where awards are held in reserve while employee works pre-injury job, reduced by 70% of average weekly wage per week worked, with remaining balance paid in lump sum if employment terminates.

• Expands notice methods for health care providers to include facsimile, electronic mail, or other electronic means (previously certified mail only), with receipt deemed five days after transmission.

• Increases maximum compensatory damages for employer discrimination/retaliation violations to reasonable amounts (removed $100,000 cap), caps exemplary or punitive damages at $100,000, and clarifies burden of proof by preponderance of evidence in district court proceedings.

• Effective November 1, 2017.