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Larson's Legislative Developments
7/6/2008 12:31:10 PM EST
LexisNexis Workers' Compensation Law Center Staff
Larson's Legislative Roundup 7/6/2008

California A.B. 3055 – Sent to Governor 7/1/2008. An act to amend Sections 1063.1, 1063.2, and 1063.75 of the Insurance Code, relating to insurance, specifically the California Insurance Guarantee Association. 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, 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.

Illinois S.B. 1129 – Sent to Governor 6/30/2008. An Act concerning appropriations, including appropriations from the Illinois Workers' Compensation Commission Operations Fund to the Illinois Workers' Compensation Commission. Full version available to lexis.com subscribers.

Louisiana H.B. 535 – Signed by Governor 7/2/2008 Act No. 703. An Act to amend and reenact R.S. 23:1232, relative to workers' compensation death benefits; to provide for the equal allocation of payments to dependents of injured workers; to provide for the schedule of payments; and to provide for related matters. Full version available to lexis.com subscribers.

Louisiana H.B. 547 – Signed by Governor 7/2/2008 Act No. 704. An Act to amend and reenact R.S. 23:1310.11, relative to workers' compensation; to provide relative to a time and procedure for the submission of filing fees; to provide for an application for waiver of costs; to require payment of a filing fee to the office of workers' compensation administration within five days of the date of denial of the waiver of costs; and to provide for related matters. Full version available to lexis.com subscribers.

Louisiana H.B. 554 – Signed by Governor 7/2/2008 Act No. 705. An Act to amend and reenact R.S. 23:1171.1(C)(1), relative to discontinuance of business; to provide for penalties and fines for employers out of compliance; to provide for procedures for employers out of compliance; and to provide for related matters. Full version available to lexis.com  subscribers.

Michigan H.B. 5559 – Sent to Governor 7/3/2008. An Act to amend provisions relating to the regulation of worker's compensation self-insurers controlled by a nonprofit health care corporation, among other things. Full version available to lexis.com subscribers.

New Hampshire H.B. 690 – Signed by Governor 6/27/2008 Chapter No. 275. An Act authorizing the commissioner of the department of employment security to adjust the discount rate and relative to auditable basis policies. Full version available to lexis.com subscribers.

New Hampshire H.B. 1244 – Signed by Governor 6/16/2008 Chapter No. 211. An Act relative to auditable basis policies. Full version available to lexis.com subscribers.

New Hampshire H.B. 1246 – Signed by Governor 6/16/2008 Chapter No. 212. An Act relative to insurance policy denial provisions. Full version available to lexis.com subscribers.

New Hampshire S.B. 501 – Signed by Governor 6/26/2008 Chapter No. 270. An Act relative to workers' compensation on certain state projects, penalty collection powers of the department of labor and permanent impairment awards under workers' compensation. Full version available to lexis.com subscribers.

Pennsylvania S.B. 1347 – Signed by Governor 7/1/2008 Act No. 2008-4A. An Act making appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July 1, 2008, to June 30, 2009, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2008. Full version available to lexis.com subscribers.

Rhode Island S.B. 2173 – Sent to Governor 6/30/2008. 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 – Sent to Governor 6/30/2008. 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 – Sent to Governor 6/30/2008. 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.

Tennessee S.B. 3791 – Signed by Governor 6/19/2008 Chapter No. 1183. An Act to amend Tennessee Code Annotated, Title 50 and Title 56, relative to workers' compensation claims, review of orders for temporary disability and medical benefits, role of workers' compensation specialists, and scheduling of benefit review conferences. Full version available to lexis.com subscribers.

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