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HB 132/LM (BR 442) - G. Stumbo, L. Clark, P. Bather
AN ACT relating to workers' compensation.
Amend KRS 342.315 to modify the requirement that administrative law judges(ALJs) give "presumptive weight" to the findings of designated (university) evaluators in coal worker's pneumoconiosis (CWP) claims; amend KRS 342.316 to require x-rays submitted with a claim to be interpreted by a "B" reader; require employers to give notice of denial or acceptance of a claim within 30 days of the commissioner issuing a notice of consensus reading unless the consensus reading is that no evidence of CWP exists; require the commissioner to determine whether x-rays submitted by the employee and those of the physician to whom the employee was referred are in consensus; specify method for resolving a lack of consensus by having x-rays read by additional "B readers"; require that consensus requirement apply to all claims except those assigned to an ALJ prior to the effective date of this Act; amend KRS 342.730 relating to permanent partial disability to provide income benefits for 425 weeks for disability of 35% or less and for 520 weeks for disability greater than 35% ; amend KRS 342.732 to revise eligibility criteria and benefit structure for CWP to: provide retraining incentive benefits for x-ray category 1/0, and X-ray category 1/1 or 1/2 with spirometric test values of 80% or more; create an irrebuttable presumption of a 25% disability and provide income benefits for 425 weeks not to exceed 75% of the state average weekly wage for X-ray category 1/0 and spirometric values of less than 55% of predicted normal levels, category 1/1 or 1/2 and spirometric values of 55% or more but less than 80% of predicted normal levels, or for category 2/1,2/2, or 2/3 and spirometric test values of 80% or more; create an irrebutable presumption of a 50% disability and provide income benefits for 425 weeks not to exceed 75% of the state average weekly wage for X-ray category 3/2 or 3/3 and spirometric test values of 80% or more; create a rebuttable presumption that coal dust significantly contributed to development of respiratory impairment if a miner has 15 years' experience in coal mining; permit a miner 55 years of age or older who is eligible for a retraining incentive benefit to elect to receive an award equal to 66-2/3 % of the employee's average weekly wage, not to exceed 75% of the state average weekly wage multiplied by a disability rating of 25%, for 425 weeks.; require the commissioner to promulgate administrative regulations for the reconsideration of claims filed between Dec. 12, 1996, and the effective date of this Act; permit miners with dates of last exposure between Dec. 12, 1996, and April 1, 1998, five years after the date of last exposure to file a claim; and create a new section of KRS Chapter 342 to require the commissioner to maintain a list and assess the performance of "B readers."
HB 132 - AMENDMENTS
HCS/LM - Retain original provisions with the following changes in the black lung sections: revise consensus procedure to eliminate referral of black lung claims to university evaluator, and to apply consensus procedures to "B" reader reports filed by the employee and employer, with referral to additional "B" readers, selected by the commissioner, in an attempt to achieve consensus; provide that an employer may have the worker examined with breathing or spirometric tests, if the worker alleged a breathing impairment in a claim for benefits; add a provision for reconsideration of pre December 12, 1996 claims adjudicated under the provisions of HB 1 enacted in 1996; extend the statute of limitations for a claim with a date of last exposure after 12/12/96 to 12/12/02, or within the statute of limitations required in KRS 342.316, whichever is longer; provide that on reconsidered claims, x-ray interpretations by university evaluators shall be referred to two "B" readers for determination of whether the claim should be reopened and an award of additional benefits, if any; provide that retraining incentive benefits (RIB) shall also be payable for a worker who attends training or education programs on a part-time basis; authorize an administrative law judge, following an evaluation of the worker, to grant an exemption from the retraining requirement for a worker who has an eighth grade education or less, only if an evaluation shows that retraining would not materially benefit the worker, and for a worker with more than an eighth grade education only if mental or physical limitations prevent retraining for another occupation or trade; provide that a worker may defer receipt of retraining benefits up to 270 days, but that such benefits shall be reduced (week for week) if benefits are deferred further; provide that if an employer appeals a RIB award, the administrative law judge may grant interlocutory relief to make benefits payable during the appeal process; and upon an unsuccessful appeal of a RIB award by the employer, authorize administrative law judge to assess 18% interest on past-due benefits and establish a fee, not to exceed $5,000, for the worker's attorney.
HFA (1, S. Brinkman) - Amend to delete the exemption of the retraining requirement for retraining incentive benefits.
HFA (2, S. Lee) - Amend to delete language giving a miner, age 55 years or older, on the date of last exposure, or who has been exempted from retraining, an option to receive retraining incentive benefits in income payments for 425 weeks.
HFA (3, S. Nunn) - Amend to delete language which creates a rebuttable presumption of coal workers' pneumoconiosis (CWP), if a miner with 15 or more years of employment experience in coal mines or processing facilities, has developed CWP and respiratory impairment.
HFA (4, J. Hoover) - Amend to permit employer to submit spirometry report in a black lung claim.
HFA (5, S. Nunn) - Amend to delete language which creates a rebuttable presumption of coal workers' pneumoconiosis (CWP) if a miner, with 15 or more years of employment experience in coal mines or processing facilities, has developed CWP and respiratory impairment.
HFA (6, S. Nunn) - Amend to delete language which creates a rebuttable presumption of coal workers' pneumoconiosis (CWP) if a miner, with 15 or more years of employment experience in coal mines or processing facilities, has developed CWP and respiratory impairment.
HFA (7, S. Nunn) - Amend to delete consensus procedure and restore reference to ILO standards and AMA Guides.
HFA (8, S. Nunn) - Amend to delete consensus procedure and restore references to ILO standards and AMA Guides.
HFA (9, S. Lee) - Amend to delete language giving a miner, age 55 years or older, on the date of last exposure, or who has been exempted from retraining, an option to receive retraining incentive benefits in income payments for 425 weeks.
HFA (10, S. Lee) - Amend to delete language giving a miner, age 55 years or older, on the date of last exposure, or who has been exempted from retraining, an option to receive retraining incentive benefits in income payments for 425 weeks.
HFA (11, S. Brinkman) - Amend to delete provisions relating to reopening and reconsideration of black lung claims.
HFA (12, J. Hoover) - Amend to require the clinical findings and opinions of the designated evaluator be accepted by an administrative law judge as an unbiased and accurate assessment of the medical condition of a worker; require that the burden to overcome the opinions of the designated evaluator fall on the opponent, who must produce substantial evidence to the contrary.
HFA (13, J. Hoover) - Amend to require the clinical findings and opinions of the designated evaluator be accepted by an administrative law judge as an unbiased and accurate assessment of the medical condition of a worker; require that the burden to overcome the opinions of the designated evaluator fall on the opponent, who must produce substantial evidence to the contrary.
Jan 5-introduced in House
Feb 6-to Labor and Industry (H)
Feb 7-posted in committee
Feb 14-reported favorably, 1st reading, to Calendar
Feb 15-2nd reading, to Rules; recommitted to Labor and Industry (H)
Feb 21-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, February 22, 2001
Feb 23-floor amendments (1) (2) (3) and (4) filed to Committee Substitute
Feb 26-floor amendments (5) (8) (9) and (12) filed to Committee Substitute, floor amendments (6) (7) (10) (11) and (13) filed
Feb 27-3rd reading; floor amendments (1) (4) (5) (8) and (9) rejected ; floor amendment (11) ruled out of order ; passed 64-32 with Committee Substitute
Feb 28-received in Senate
Mar 1-to Economic Development, Tourism & Labor (S)
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