HB 1540 Modifies the law relating to co-employee liability in workers' compensation

     Handler: Dempsey

Current Bill Summary

- Prepared by Senate Research -


HB 1540 - This act states that co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers' compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.

The Division of Workers' Compensation is allowed to determine the manner in which an application is made for hearings on compensation disputes and the manner in which notices for failure to prosecute are sent to those other than employees.

The act allows documents relating to the outcome of hearings and notices to be sent by electronic means to the parties in dispute and the employer's insurer when the employee has representation. All other notices, not otherwise specified, may be sent by electronic means.

This act is similar to SS#2/SCS/SB 8 (2011), SS/SCS/SB 572 (2012), SB 827 (2012), SB 878 (2012), and HB 1403 (2012).

CHRIS HOGERTY


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