AB 1073

This bill makes various changes to the worker's compensation law, as

administered by the Department of Workforce Development and the Division of

Hearings and Appeals (DHA) in the Department of Administration.

Maximum weekly compensation for permanent partial disability

The bill increases the maximum weekly compensation rate for permanent

partial disability from $430 to $438 for injuries occurring before January 1, 2025, and

to $446 for injuries occurring on or after that date.

Uninsured employers fund

Under current law, DWD administers an uninsured employers fund (UEF),

from which DWD pays benefits to injured employees of employers that are not

insured or self-insured against worker's compensation liability as required under

the worker's compensation law. Also under current law, the additional solvency

protection for UEF applies to claims of more than $1,000,000, and is used to pay

claims of more than $1,000,000. If such a claim is not covered by excess or stop-loss

reinsurance, worker's compensation insurance carriers are required to reimburse

UEF, up to $500,000 per year, until the amount paid out of UEF is fully paid. Under

the bill, the amount of a claim for which UEF is used to pay is increased to $2,000,000

or more.

Advance payment for permanent partial disability

Under current law, DWD or DHA may direct an advance on a payment of

unaccrued compensation for permanent disability or death benefits not more than

three payments per calendar year if DWD or DHA determines it is in the best interest

of the injured employee or dependents and credits the employer or insurer an interest

credit of 5 percent against its liability. Under the bill, an employer or an employer's

insurer may make advance payment of unaccrued compensation for permanent

partial disability in undisputed cases in the same manner, but without the interest

credit to the employer or insurer.

Case closing

The bill clarifies some of the duties of DWD and DHA with respect to closing

cases for claims of compensation. The bill requires DHA to return to DWD the case

file for any case within 30 days after DHA issues an order on the merits of the case,

if there is no pending appeal to a court. The bill also clarifies that DWD has exclusive

authority to close a case of a claim for compensation. The bill allows DWD to notify

the parties when it closes a case of a claim for compensation. The bill requires DWD

to forward to DHA the file for a closed case of a claim for compensation if a hearing

is required because a claimant has filed a subsequent application for compensation.

Finally, the bill provides the statute of limitations begins to run on the date an order

is issued by the division that approves a compromise agreement, and subsequent

claims will not be barred except as provided by the applicable statute of limitations.

Advanced practice nurse prescribers