SCS/SB 1390 - This act modifies provisions relating to workers' compensation.CHANGES OF ATTORNEYS IN WORKERS' COMPENSATION CASES
(Sections 287.200 and 287.470)
The act permits the Labor and Industrial Relations Commission to change the name, information, or fee arrangement of the attorney or law firm representing a claimant upon the filing of a written agreement, signed by both the claimant and the attorney, with the commission.
COMPLAINTS, DISCIPLINE, AND REMOVAL OF ADMINISTRATIVE LAW JUDGES
(Sections 287.610 and 621.045)
Current law requires a retention vote be taken by the Administrative Law Judge Review Committee with respect to each workers' compensation Administrative Law Judge (ALJ). Additionally, the committee is required to conduct performance audits periodically and make recommendations of confidence or no confidence with respect to each ALJ. This act repeals these requirements and instead creates new provisions for filing complaints against and removing ALJs.
Specifically, the Director of the Division oF Workers' Compensation is permitted to file a complaint with the Administrative Hearing Commission (AHC) seeking to remove
an ALJ from office for one or any combination of the following causes:
? The ALJ has committed any criminal offense, regardless of whether a criminal charge has been filed;
? The ALJ has been convicted, or has entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state, the United States, or of any country, regardless of whether sentence is imposed or is guilty of misconduct;
? Habitual intoxication;
? Willful neglect of duty;
? Corruption in office;
? Incompetency; or
? The ALJ has committed any act that involves moral turpitude or oppression in office.
Prior to filing a complaint, the Director shall notify the ALJ in writing of the reasons for the complaint. Special provisions are included if the reason for the complaint is willful neglect of duty or incompetency.
Upon a finding by the AHC that:
? The grounds for disciplinary action are met, the Director may, singly or in combination, issue the disciplinary actions against the ALJ, as provided in the act, including removal or suspension from office; or
? There are no grounds for disciplinary action, the ALJ shall immediately resume duties and shall receive any attorney's fees due under current law.
An ALJ may be suspended with pay, without notice, at the
discretion of the Director if:
? The ALJ commits a crime for which the ALJ is being held without bond for a period of more than 14 days;
? The ALJ's license to practice law has been suspended or revoked; or
? A declaration of incapacity by a court of competent jurisdiction has been made with respect to the ALJ.
The act repeals a requirement that Administrative Law Judge Review Committee members not have any direct or indirect employment or financial connection with a workers' compensation insurance company, claims adjustment company, health care provider nor be a practicing workers' compensation attorney. The act additionally repeals a requirement that all members of the Committee have a working knowledge of workers' compensation.
PAYMENT AND RETIREMENT BENEFITS OF ADMINISTRATIVE LAW JUDGES
(Sections 287.615 and 287.835)
The act provides that the compensation for ALJs and chief administrative law judges shall be determined solely by the
rate outlined in law and shall not increase when pay raises for executive employees are appropriated.
The act furthermore repeals reference to the position of Chief Legal Counsel.
The act repeals a prohibition on the payment of any retirement benefits under workers' compensation law to any administrative law judge who has been removed from office by impeachment or for misconduct, or to any person who has been disbarred from the practice of law, or to the beneficiary of any such persons.
SCOTT SVAGERA