L.R. NO. 3216-02
BILL NO. SCS for SB 631
SUBJECT: Workers' Compensation; Second Injury Fund; Evidence
TYPE: Original
DATE: March 13, 2002
Net Effect on All State Funds
FUND AFFECTED
FY 2003
FY 2004
FY 2005 None
Total Estimated
$0
$0
$0
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Department of Labor and Industrial Relations and the State Treasurer's Office assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Attorney General's Office (AGO) estimate their agency would request additional staff (5 assistant attorney generals, 1 paralegal and 2 secretaries). AGO assumes the proposal would mainly affect partial disability claims filed against the Second Injury Fund (SIF). If SIF cases were allowed to be submitted on medical reports, cases previously settled or dismissed would be taken to hearing resulting in an additional 800 to 1,200 cases. Along with this increase, appeals would increase. In order to adequately defend these cases, SIF attorneys would have to cross-examine the claimant's doctor. AGO estimates annual costs of $380,000 to $400,000. AGO also estimates a loss to the Second Injury Fund of $5.0 million annually, due to an increase in claims.
Based on an Oversight Subcommittee decision on March 30, 1998, the fiscal impact of this proposal is assumed to be zero.
FISCAL IMPACT - State Government FY 2003 FY 2004 FY 2005
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 2003 FY 2004 FY 2005
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal provides that in the case of a claim against the Second Injury Fund, the administrative law judge may appoint an impartial physician to examine, at the request of the State, upon a finding that there is no other adequate medical evidence available and necessary, upon the issues presented by the Second Injury Fund Claims. The physician's fee and other reasonable costs may be assessed by the administrative law judge against any party and becomes immediately payable.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Labor and Industrial Relations
State Treasurer's Office
Attorney General's Office
Mickey Wilson, CPA
Acting Director
March 13, 2002