SB 1164 - Under the act, all rights to unaccrued compensation for permanent total disability shall cease upon the death of the injured employee. Unpaid unaccrued compensation for permanent partial disability will continue to be paid to dependents.
Rights to receive permanent total disability shall terminate when the employee is eligible to receive full Social Security retirement benefits or other retirement benefits. If the employee begins receiving such benefits before the compensable injury occurs, the employee may receive permanent total disability for two years offset by 50% of the weekly retirement benefit.
Currently, when an injured employee receives permanent total disability and is returned to his or her regular work or equivalent, payments are suspended during the time the employee is able to work. This act requires such compensation to terminate at the time the employee is able to compete for employment in the open labor market or returns to work.
Disabilities previously used in calculating an earlier award or settlement of a second injury fund claim for permanent partial disability shall not be used in later claims of the same type. However, such previous disabilities may be used in a claim against the fund for permanent total disability.
Compensation for permanent partial disability shall not be paid from the second injury fund when another state has jurisdiction over the injury. Similarly, when an employer fails to insure or self-insure, the second injury fund shall not cover any costs when another state has jurisdiction over the injury.
Under current law, claims against the second injury fund shall be filed within 2 years after the date of the injury or within 1 year after the claim is filed against the employer or insurer, whichever is later. Under the act, such claims must be filed within 2 years after the date the original claim is filed against the employer. Claim for medical fees or expenses must be filed within 2 years of the last date of medical treatment or service.
The act removes a provision requiring any advances from the workers’ compensation fund to the second injury fund to be reimbursed within one year.
This act contains an emergency clause.
This act is similar to SB 665 (2007), SB 666 (2007), SB 606 (2007), and SB 901 (2008).