HB 384 Modifies provisions relating to Workers' Compensation

     Handler: Wieland

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 384 - This act modifies various provisions relating to workers' compensation.

ELECTRONIC TRANSFER OF DISABILITY PAYMENTS

(Sections 287.170 to 287.180)

The act allows for the delivery of temporary total or temporary partial disability payments payable under workers' compensation laws by electronic transfer or other manner authorized by the claimant.

This provision is identical to a provision in HCS/SB 303, as amended (2021), a provision in SCS/604, as amended (2021), HB 353 (2021), and SB 1079 (2020) and substantially similar to HB 2035 (2020).

SECOND INJURY FUND LIABILITIES

(Section 287.220)

The act modifies the applicability of the priority schedule for payment of liabilities of the Second Injury Fund (SIF). Specifically, the act allows for the payment from the SIF of the following SIF liabilities prior to any liability set forth in the priority schedule:

• All death benefits incurred relating to claims for deaths occurring prior to January 1, 2014, consistent with a temporary or final award; and

• Ongoing medical expenses, but not past medical expenses, relating to claims for injuries occurring prior to January 1, 2014, consistent with a temporary or final award which includes future medical benefits.

These provisions are identical to provisions in SB 361 (2021), HB 163 (2021), SB 693 (2020), HB 1542 (2020), and SB 156 (2019) and substantially similar to SCS/SB 1089 (2018) and HB 261 (2019).

THIRD-PARTY ADMINISTRATORS

(Section 287.280)

The act permits the Division of Workers' Compensation to call the security of a group self-insured employer or public sector individual employer if they are deemed insolvent, are determined to be insolvent, file for bankruptcy, or fail to pay any obligations owed under the workers' compensation laws. Furthermore, the Division is permitted to retain a third-party administrator for the purpose of paying any compensation benefits owed to an injured employee.

This provision is identical to a provision in SB 361 (2021), SB 693 (2020), and SB 156 (2019) and substantially similar to provisions in HB 163 (2021), HB 1542 (2020), SCS/SB 1089 (2018), and HB 261 (2019).

ELECTRONIC FILINGS WITH LIRC

(Section 287.480)

The act allows the Labor and Industrial Relations Commission to permit the filing of applications for review, briefs, motions, and other requests for relief with the Commission by electronic means, in such manner as it may, by rule, prescribe.

This provision is identical to a provision in SB 361 (2021), SB 693 (2020), and HB 1542 (2020) and substantially similar to a provision in HB 163 (2021).

SUPPLEMENTAL SURCHARGE

(Section 287.715)

Under current law, the director of the Division of Workers' Compensation is required to collect a supplemental surcharge not to exceed three percent of the policyholder's or self-insured's workers' compensation net deposits, net premiums, or net assessments for the previous policy year, rounded up to the nearest one-half of a percentage point. This provision expires December 31, 2021. This act extends that expiration date to December 31, 2023. The act also lowers the maximum amount of the supplemental surcharge for calendar year 2023 to 2.5% of the policyholder's or self-insured's workers' compensation net deposits, net premiums, or net assessments for the previous policy year, rounded up to the nearest one-half of a percentage point.

This provision is identical to a provision in SCS/HB 604, as amended (2021) and substantially similar to HB 348 (2021).

SCOTT SVAGERA


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