SB 1861

Present law requires t he sums collected by th e chief administrative officer of the bureau of workers' compensation of the department of labor and workforce development (" administrator "") to be deposited in a special fund called the "" subsequent injury and vocational recovery fund ."" The funds must be disbursed by the administrator only for certain purposes, including for costs associated with legal counsel to defend the administrator in actions claiming compensation from the fund and for costs associated wit h providing vocational recovery assistance to eligible employees . This bill authorizes the funds to also be used for costs associated with implementing and maintaining a computer system for the bureau of workers' compensation. PROCEDURE If a physician refuses to make a reasonable effort to give a deposition in a workers' compensation case within 90 days of receipt of notice, present law authorizes the employee to petition the court for an order requiring the physician to give the deposition. If the physician does not respond to the petition in a timely fashion, the physician may lose the ir exemption from subpoena to trial . This bill removes that the employee may petition the court and the physician respond to the petition and, instead, authorizes the employee to file a motion with the court and for the physician to comply with the court's order. If a party who has filed a request for hearing files a notice of nonsuit of the action, then present law provides that either party has 90 days from the date of the order of dismissal to institute an action for recovery of benefits . This bill provides that if a party who has filed a petition for benefit determination files a notice of nonsuit of the action, then either party has 90 days from the date of the order of dismissal to institute an action for recovery of benefits . AMA GUIDES Present law requires certain criteria to be met in extraordinary cases where the employee is eligible for increased benefits, including that t he employee must be assigned an impairment rating of at least 10% to the body as whole, that has been determined by the authorized treating physician and, generally, according to the 6th edition (2024) of the American Medical Association Guides to the Evaluation of Permanent Impairment, American Medical Association, until a new edition is designated by the general assembly . However, t he edition that is in effect on the date the employee is injured is the edition applicable to the claim . This bill clarifies that more than one authorized treating physician may assign the employee impairment ratings totaling at least 10% to the body as a whole, as determined according to AMA guides in general. This bill also clarifies that all such authorized treating physician s must certify their findings on a form provided by the bureau ."