California A.B. 2091 – Enrolled 7/7/2008. An act to amend Section 5307.2 of the Labor Code, relating to workers' compensation. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to contract with an independent consulting firm, as specified, to perform an annual study of access to medical treatment by injured workers, and make recommendations to ensure continued access to that treatment. This bill would additionally require that the study analyze and make recommendations regarding continued access to prescription drugs and pharmacy services by injured workers. Full version available to lexis.com subscribers.
California A.B. 3055 – Signed by Governor 7/7/2008; Chapter No. 80. Existing law establishes the California Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers' compensation insurer to discharge its obligations under its insurance policies. The association is managed by a board of governors appointed by the commissioner, the President pro Tempore of the Senate, and the Speaker of the Assembly. Existing law defines a "covered claim" for purposes of the association's operations. This bill would delete from a list of categories of claims excluded from that definition of "covered claims" those claims made after the insurance policy has been canceled by the association, as specified. Existing law provides that the association shall pay covered claims either directly or through designated 3rd parties. If a covered claim is paid in excess of the amount authorized, as specified, the excess amount may be recovered by an action brought by the association. This bill would authorize the association to recover these overpayments by an action or other proceeding. Existing law provides that any bonds to provide funds for covered claim obligations for workers' compensation claims shall be issued, as specified, prior to January 1, 2009. This bill would extend the date for bonds to be issued to provide funds for covered claim obligations for workers' compensation claims, as specified, to January 1, 2011. This bill would also make technical and conforming changes. Full version available to lexis.com subscribers.
Hawaii H.B. 2386 – Vetoed by Governor 7/8/2008; Governor's Veto Overridden by Senate and Sent to House for Concurrence 7/8/2008. Requires an employer to pay temporary total disability benefits regardless of whether the right is controverted in the initial report of an industrial injury. Additionally, payment of benefits is terminated only if a treating physician determines that the employee may resume work and the employer has made an offer of suitable work within the employee's medical restrictions. Also establishes increased benefit amounts for an employee whose payment did not begin within a specified time period after an accident. Full version available to lexis.com subscribers.
Hawaii H.B. 2387 – Vetoed by Governor 7/8/2008; Governor's Veto Overridden by Senate and Sent to House for Concurrence 7/8/2008. Establishes a working group on funding for workers' compensation independent medical examinations. The purpose of the working group is to study and determine alternative methods of paying impartial physicians to conduct medical examinations, with a focus on equity and fairness in funding so that the employer, employer's insurer, special compensation fund, and state general fund are not disproportionately burdened in paying for such examinations. Full version available to lexis.com subscribers.
Hawaii H.B. 2388 – Vetoed by Governor 7/8/2008; Governor's Veto Overridden by Senate and Sent to House for Concurrence 7/8/2008. When a dispute exists between an employee and an employer or the employer's insurer regarding a treatment plan or whether medical services should be continued, the employee must continue to receive essential medical services until the Director of Industrial and Labor Relations issues a decision on whether the employee's medical treatment should be continued. Full version available to lexis.com subscribers.
Hawaii H.B. 2929 – Vetoed by Governor 7/8/2008; Governor's Veto Overridden by Senate and Sent to House for Concurrence 7/8/2008. After a claim is filed by an injured employee, an employer may appoint a qualified physician to conduct an independent medical examination or a permanent impairment rating examination of the employee. If an employee refuses to submit to the examination, his or her eligibility for compensation for injuries may be suspended. Additionally, repeals a conflicting provision authorizing the Director of Labor and Industrial Relations to order such examinations. Full version available to lexis.com subscribers.
Louisiana H.B. 1104 – Signed by Governor 7/3/2008; Act No. 743. Terminates the Department of Labor and transfers its duties to the State Workforce Commission. Full version available to lexis.com subscribers.
Louisiana S.B. 791 – Signed by Governor 7/7/2008; Act. No. 798. An Act to enact R.S. 4:251.1, relative to racing; to provide with respect to horse racing; to provide for the Horsemen's Self-Help Pension Program; to provide relative to pension benefits; to provide relative to purses and purse supplements; and to provide for related matters. Full version available to lexis.com subscribers.
New Hampshire S.B. 327 – Signed by Governor 7/7/2008; Chapter No. 343. This bill specifies that if a state employee is injured in the line of duty and is permanently disabled, the employee shall not be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made and all appeals are finalized. Full version available to lexis.com subscribers.
New York S.B. 7717 – Signed by Governor 7/7/2008. An Act to amend the general municipal law, in relation to granting volunteer ambulance workers five points per month during periods of line-of-duty disablements. Full version available to lexis.com subscribers.
Rhode Island S.B. 2173 – Signed by Governor 7/8/2008; Public Law No. 2008-389. An Act requiring contractors to maintain an apprentice-training program prior to bidding a public works contract valued at fifty thousand dollars ($ 50,000) or more. Once the contract was awarded, the successful bidder must abide by the apprentice to journeyman ratio for each trade prescribed therein as approved by the apprenticeship council of the department of labor. It would further require contractors to classify their employees as employers and not independent contractors. Full version available to lexis.com subscribers.
Rhode Island S.B. 3099 – Signed by Governor 7/8/2008; Resolution No. 2008-372. A Resolution to create a fifteen (15) member special joint commission whose purpose it would be to make a comprehensive study of the underground economy and employee misclassification, and who would report back to the General Assembly no later than January 27, 2009 and whose life shall expire on June 27, 2009. Full version available to lexis.com subscribers.
Rhode Island S.B. 3111 – Signed by Governor 7/8/2008; Resolution No. 2008-377. An Act to allow for members of the police and aircraft rescue and firefighting (ARFF) units of Rhode Island Airport Corporation to be covered relative to injuries sustained while in the performance of his/her duties by the workers compensation system. Full version available to lexis.com subscribers.