HS/HCS/HB 321 - This act revises the workers' compensation law. The act modifies the definition of "accident". It states that an injury or occupational disease be compensable only if an accident or occupational exposure was the dominant factor in causing the condition or disability. The act limits benefits for pre-existing conditions in cases where a work-related injury causes increased permanent disability and reduces compensation by the amount of permanent partial disability that was pre-existing. The act exempts from coverage personal health conditions that manifest themselves at work when an accident is not the dominant factor in the need for medical treatment and injuries from unknown causes. Deterioration from normal activities of day-to- day living is not compensable. Requires members of the Labor and Industrial Relations Board to be confirmed by the Senate. It increases the penalty when violation of drug and alcohol rules is involved, by reducing benefits by 50 percent it also requires that intoxication at or above the legal blood level be conclusively presumed to be the proximate cause of injury. The act requires employees on disability to submit to examinations at the request of the state if there is a second injury claim. Requires that voluntary settlements be approved unless they are manifestly unjust Requires administrative law judges to receive the advice and consent of the Senate and limits appointed terms to four years. The act requires an audit of the Division of Workers' Compensation when the maximum tax rate for the Workers' Compensation Fund or the Second Injury Fund fails to meet the expenses of the previous year. The act states that if the surcharge for the Second Injury Fund is not calculated by October 31 of a given year, then the new rate cannot go into effect less than 60 days from the determination. The act allows an employee to opt out of workers' compensation for religious reasons, but he or she must sign a waiver agreeing not to take future civil actions against the employee. Finally, the act adds certified peace officers to the list of those for whom certain diseases caused by exposure to smoke, gases, carcinogens, inadequate oxygen, and psychological stress are recognized as occupational diseases.
RICHARD MOORE