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SB 290 - This act makes changes to workers' compensation laws. REDUCTION OF WORKERS' COMPENSATION AWARD BASED ON USE OF DRUGS (SECTION 287.120) Under current law, if an employee fails to obey any rule or policy of an employer relating to the use of alcohol or nonprescribed drugs in the workplace, the compensation or death benefit available under workers' compensation laws shall be reduced by 50% if the injury was sustained in conjunction with the use of alcohol or nonprescribed controlled drugs. This act provides that any positive test taken within 48 hours of an injury for a nonprescribed controlled drug from an employee shall give rise to a rebuttable presumption that the tested nonprescribed controlled drug was in the employee's system and that the injury was sustained in conjunction with the use of the drug. FEES AND CHARGES UNDER WORKERS' COMPENSATION LAWS (SECTION 287.140) Under current law, all fees and charges which are authorized under workers' compensation laws shall be fair and reasonable. This act changes that to a standard of usual and customary. REACTIVATION OF CLAIMS FOLLOWING SETTLEMENT (SECTION 287.140) Under current law, a claim for compensation may be reactivated following the completion of settlement of such claim. Under this act, reactivation may not be made if the employee has explicitly agreed that such a claim cannot be reactivated. SUBROGATION OF EMPLOYER RIGHTS (SECTION 287.150) Under current law, employers do not have subrogation rights in toxic exposure cases when a third person is liable to the employee. This act repeals that provision. TERMINATION OF DISABILITY PAYMENTS (SECTION 287.170) If an employee voluntarily separates from employment at a time when the employer made work available for the employee which was in compliance with any medical restriction imposed upon the employee as a result of an injury that is the subject of a claim for benefits under workers' compensation, neither temporary total disability nor temporary partial disability benefits shall be payable to the employee. DISCHARGE AND DISCRIMINATION (SECTION 287.780) Under current law, an employer shall not discriminate or discharge an employee for exercising their rights under workers' compensation laws. This act requires that an employee must show that the filing of a claim for workers' compensation benefits was the exclusive cause of discrimination or discharge from employment. SCOTT SVAGERA
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