Workers' Compensation Committee Update
July 30 ,2009

End of Session Legislative Summary

The Business Council successfully opposed several onerous legislative proposals during the 2009 state legislative session, and the session concluded without any significant Workers' Comp Law changes. The current status of key bills is as follows:

The Business Council's summary of legislative action on key Workers' Compensation and other business-related bills is available here.

Council Comments on “Incentive” Rules

Based on input from member companies, The Business Council submitted comments on a pair of proposed rules that would implement the Safety/Loss Prevention Incentive program authorized by the 2007 reform act. These include a premium credit rule proposed by the Department of Insurance, and a program implementation rule proposed by the Department of Labor. The proposed rules, and The Business Council's comments, are available here. Generally, our comments raised concerns that the procedural and substantive requirements for eligible safety, substance abuse and return to work programs were excessive, and would dissuade participation, especially considering the limited credits proposed.

Board Regulatory Agenda

The WCB has issued its semi-annual “Regulatory Agenda,” available here. By statute, certain agencies are required to issue public notice of all anticipated regulatory initiatives for the next six months. Major initiatives include implementation of medical treatment guidelines, new regulations on IMEs, and rules implementing the 2008 legislation on self-insured group trusts.