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HB 129: WORKERS’ COMPENSATION - INTERIM BENEFITS - 1998 Budget/Special Session

Sponsor: Rep. Kenilynn Zanetti (D-H16, Rock Springs)

HB 129 provided for payment of limited workers’ compensation benefits while a case is under appeal or until a rating is established.

When an injured worker has recovered to the point where permanent impairment can be ascertained, a physician determines the percentage of impairment by examining and rating the employee according to guidelines published by the American Medical Association.

In some cases, the Workers’ Compensation Division will stop temporary disability benefits before the injured worker can return to work. In those cases, injured workers need funds to pay their living expenses while waiting for a rating, or for a hearing if they disagree with the rating.

HB 129 also provided that in a case where an employer has objected three times or more on the same injury, an injured worker may request an interim benefit, to be calculated at the temporary total disability rate and not to exceed three months. The worker would have to repay the amount received if he/she does not win the appeal.

In both instances, the interim benefit would be paid only once on the same injury or case.

Proponents argued that some workers are experiencing extreme financial hardship while waiting for ratings or cases under appeal, and that even if the worker ultimately prevails, he/she may have already lost possessions, a car, or even a house because of missed payments.

Opponents argued that the proposal would mean increased costs to the workers’ compensation fund.

HB 129 fell just short of the two-thirds vote required to introduce a non-budget item in a budget session, 36-23 (1 excused).

The vote listed below is the House vote to introduce HB 129.

A YES vote means the representative wished to consider providing interim benefits under workers’ compensation.

A NO vote means the representative did not wish to consider providing interim benefits under workers’ compensation.

 

BIG HORN BASIN LEGISLATORS

Vote

H24

Rep. Peg Shreve (R)

No

H50

Rep. Pat Childers (R)

No

H25

Rep. Denny Smith (R)

No

H26

Rep. Chas. Hessenthaler (R)

No

H27

Rep. Ray Harrison (R)

No

H28

Rep. Mike Baker (R)

No

 

CASPER-AREA LEGISLATORS

Vote

H35

Rep. Dorothy Perkins (R)

Yes

H36

Rep. Bruce Hinchey (R)

No

H56

Rep. Pat Nagel (R)

Yes

H57

Rep. Bob Tanner (R)

No

H37

Rep. Rick Tempest (R)

No

H59

Rep. Nancy Berry (D)

Yes

H38

Rep. Carolyn Paseneaux (R)

No

H58

Rep. Ann Robinson (D)

Yes

 

CHEYENNE-AREA LEGISLATORS

Vote

H7

Rep. Tony Ross (R)

Yes

H41

Rep. Mac McGraw (D)

Yes

H8

Rep. Larry Meuli (R)

Yes

H42

Rep. John Hanes (R)

No

H9

Rep. Wayne Johnson (R)

Yes

H10

Rep. Pete Anderson (R)

No

H11

Rep. Wayne Reese (D)

Yes

H43

Rep. Kathryn Sessions (D)

Yes

H12

Rep. Leo Garcia (D)

Yes

H44

Rep. Floyd Esquibel (D)

Yes

 

GILLETTE-AREA LEGISLATORS

Vote

H31

Rep. John Hines (R)

Yes

H52

Rep. George McMurtrey (R)

No

H32

Rep. Jeff Wasserburger (R)

Yes

H53

Rep. Nick Deegan (D)

Yes

 

LANDER/RIVERTON-AREA LEGISLATORS

Vote

H33

Rep. Harry Tipton (R)

Yes

H54

Rep. Cale Case (R)

Yes

H34

Rep. Frank Philp (R)

Yes

H55

Rep. Eli Bebout (R)

No

 

NORTHEAST/EAST CENTRAL WYOMING LEGISLATORS

Vote

H1

Rep. Marlene Simons (R)

No

H2

Rep. Ross Diercks (D)

Yes

H5

Rep. Jim Hageman (R)

No

H6

Rep. Jim Anderson (R)

No

H3

Rep. Bill Stafford (R)

No

H4

Rep. Roger Huckfeldt (R)

Yes

 

SHERIDAN-AREA LEGISLATORS

Vote

H29

Rep. Rick Badgett (R)

Yes

H51

Rep. Bruce Burns (R)

Yes

H30

Rep. Bill Bensel (D)

Yes

H40

Rep. Douglas Osborn (R)

Yes

 

SOUTH CENTRAL WYOMING LEGISLATORS

Vote

H13

Rep. Mike Massie (D)

Yes

H45

Rep. Wende Barker (D)

Yes

H14

Rep. Phil Nicholas (R)

No

H46

Rep. Tom Rardin (R)

Yes

H15

Rep. Tony Rose (R)

Yes

H47

Rep. Teense Willford (R)

No

 

SOUTHWEST WYOMING LEGISLATORS

Vote

H16

Rep. Kenilynn Zanetti (D)

Yes

H48

Rep. Jack Steinbrech (R)

Yes

H17

Rep. Fred Parady (R)

No

H60

Rep. Louise Ryckman (D)

Yes

H18

Rep. John Eyre (R)

No

H39

Rep. Chris Boswell (D)

Yes

H19

Rep. Peggy Rounds (D)

Yes

H49

Rep. Ken Decaria (D)

Yes

 

WEST CENTRAL WYOMING LEGISLATORS

Vote

H20

Rep. Louie Tomassi (R)

Excused

H21

Rep. Randall Luthi (R)

Yes

H22

Rep. Budd Betts (R)

No

H23

Rep. Clarene Law (R)

Yes


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