2010 Legislative Session A Bust for Workers' Compensation

Reflecting the focus on the budget and economic issues, the 2010 General Assembly passed nothing of import relating to workers' compensation. A number of bills had been on the table, including the following:

- Choice of Doctor
- Use of Assets in Second Injury Fund to Reimburse Commissioner
- Allowing consideration of certain scheduled injuries industrially where earning capacity was negatively impacted
- Including the full value of overtime in determining WC rates
- Allowing for cost of living adjustments for certain claims
- Modification of alternate care procedures for medical treatment
- Denying coverage for certain willful acts
- Excluding injuries incurred in voluntary recreational programs

Because the 2010 session was the second year of the session, all of these bills will need to start from ground zero if they are introduced again. Thus, certain bills that have already passed one chamber will have to begin the process again in the newly constituted Senate and House of Representatives.

From the claimant's standpoint, bills such as industrial consideration of certain scheduled injuries, cost of living increases, and considering overtime in determining workers' compensation rates are bills that would greatly improve the system and make the payment of benefits more equitable. These bills, or refined versions of these bills, may well come before the General Assembly in future sessions, given their importance to claimants with work injuries.

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