Signed by Governor Phil Bryant

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state workers' compensation system, effective July 1, 2012.

Highlights:

• Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without attributing fault as to the cause of injury (Sec. 2).

• Establishes a 60-day deadline for employees injured at work to submit medical records when filing a petition to challenge the employer that is withholding compensation (Sec. 2).

• Specifies that when a pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 2).

• Prohibits payment of compensation if the proximate cause of the injury was caused by any of the following behaviors (Sec. 2):
• The use of illegal drugs;
• The use of prescription drugs improperly;
• Intoxication due to the use of alcohol; or
• If it was the willful intention of the employee to injure or kill himself or another.

• Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 6).

• Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 8).

• Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 8).

• Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state workers' compensation system, effective July 1, 2012.

Highlights:

• Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without attributing fault as to the cause of injury (Sec. 2).

• Establishes a 60-day deadline for employees injured at work to submit medical records when filing a petition to challenge the employer that is withholding compensation (Sec. 2).

• Specifies that when a pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 2).

• Prohibits payment of compensation if the proximate cause of the injury was caused by any of the following behaviors (Sec. 2):
• The use of illegal drugs;
• The use of prescription drugs improperly;
• Intoxication due to the use of alcohol; or
• If it was the willful intention of the employee to injure or kill himself or another.

• Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 6).

• Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 8).

• Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 8).

• Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the state's workers' compensation laws.

Highlights:

• Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without fault (Sec. 3).

• Defines “injury” as an accidentally injury or accidental death as a consequence of and during the time of employment without regard to fault which results from an unforeseen event or events (Sec. 2).

• Requires the claimant to provide medical proof to his employer of the direct causal connection between the work performed according to his employment and the alleged work-related injury or work-related disease (Sec. 3).

• Requires the claimant to file medical proof when filing a petition to challenge the employer that is not providing benefits (Sec. 3).

• Specifies that when pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 3).

• Prohibits payment of compensation if the proximate cause of the injury was caused by the use of drugs illegally, the use of prescription drugs improperly or intoxication due to the use of alcohol, or if it was the willful intention of the employee to injure or kill himself or another (Sec. 3).

• Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 7).

• Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 9).

• Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 9).

• Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 9).

Full Bill Text