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HB 125: WORKERS' COMPENSATION AMENDMENTS - 1998 Budget/Special Session

Sponsor: Joint Labor, Health & Social Services Interim Committee

HB 125 proposed several changes to the workers' compensation system, including creating incentives for injured workers to use Wyoming health care providers, amending the rate-making system, and providing premium tax credits for employers with good claims records.

Most importantly, HB 125 changed the method of awarding compensation to workers who are permanently and totally disabled.

Existing law provides that after receiving their disability awards, permanently and totally disabled workers can subsequently apply for "extended benefits." The Workers’ Compensation Division had proposed a rule requiring a worker and his/her family to have combined incomes less than subsistence level in order to receive extended benefits.

HB 125 clarified which household income may and may not be used in calculating extended benefits. The bill provided that the Workers' Compensation Division shall consider all earned income of the injured worker, all employment-based retirement income of the worker, all income derived by the injured worker as a result of the injury (excluding certain types of insurance), and any periodic payments from any other governmental entity to the injured worker or members of his/her household.

HB 125 deleted references to subsistence level and any other income received by the injured worker or members of his/her household.

In addition, much of the substance of HB 115, coverage for exposure testing (described above) was amended into HB 125.

HB 125 passed the House, 54-4 (2 excused), and the Senate, 29-1.

Representatives voting against HB 125 were: Wayne Johnson (R-H9, Cheyenne), Wayne Reese (D-H11, Cheyenne), Tony Ross (R-H7, Cheyenne), and Louise Ryckman (D-H60, Green River). Reps. Jim Hageman (R-H5, Ft. Laramie) and Louie Tomassi (R-H20, Big Piney) were excused.

The Senator voting against HB 125 was Keith Goodenough (D-S28, Casper).


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