Signed by Governor Kim Reynolds

Vote Smart's Synopsis:

Vote to pass a bill which limits workplace injury claims.

Highlights:

• Prohibits an attorney from recovering fees for legal services based on the amount of compensation voluntarily paid or agreed to be paid to an employee for temporary or permanent disability (Sec. 21).

• Authorizes an attorney to only recover fees based on the amount of compensation that the attorney demonstrates would not have been paid to the employee without the efforts of the attorney (Sec. 21).

• Establishes that an employer is not liable for compensating an employee’s preexisting disability that resulted from a prior injury that occurred with the employer, as long as the employee’s prior injury has already been compensated (Sec. 13.)  

• Appropriates the following services to an employee who sustained an injury to the shoulder resulting in permanent partial disability (Sec. 18):

• Evaluation by the department of workforce development regarding career opportunities in fields aligning with postsecondary career and technical education programs;

• Referral to community college to receive new career vocational training and education program, resulting in an associate degree or completion of a certificate program that enables employee to return to the workforce; and

• Financial support from the employer for participation in the new career vocation and education training program to cover tuition, fees, and required supplies.

• Requires compensation for permanent partial disability to begin when the patient reaches maximum medical improvement from the injury 9 (Sec. 6).

• Requires extent of loss or percentage of permanent impairment to be determined solely by utilizing the guides of evaluation of permanent impairment published by American Medical Association in all cases of permanent partial disability (Sec. 9).

• Requires compensation for permanent partial disability for an injury to terminate on the date when compensation for permanent total disability begins (Sec. 9).

• Authorizes compensation lump sum payment only upon application of a party to the commissioner and upon written consent of all parties (Sec. 16).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill which limits workplace injury claims.

Highlights:

• Prohibits an attorney from recovering fees for legal services based on the amount of compensation voluntarily paid or agreed to be paid to an employee for temporary or permanent disability (Sec. 21).

• Authorizes an attorney to only recover fees based on the amount of compensation that the attorney demonstrates would not have been paid to the employee without the efforts of the attorney (Sec. 21).

• Establishes that an employer is not liable for compensating an employee’s preexisting disability that resulted from a prior injury that occurred with the employer, as long as the employee’s prior injury has already been compensated (Sec. 13.)  

• Appropriates the following services to an employee who sustained an injury to the shoulder resulting in permanent partial disability (Sec. 18):

• Evaluation by the department of workforce development regarding career opportunities in fields aligning with postsecondary career and technical education programs;

• Referral to community college to receive new career vocational training and education program, resulting in an associate degree or completion of a certificate program that enables employee to return to the workforce; and

• Financial support from the employer for participation in the new career vocation and education training program to cover tuition, fees, and required supplies.

• Requires compensation for permanent partial disability to begin when the patient reaches maximum medical improvement from the injury 9 (Sec. 6).

• Requires extent of loss or percentage of permanent impairment to be determined solely by utilizing the guides of evaluation of permanent impairment published by American Medical Association in all cases of permanent partial disability (Sec. 9).

• Requires compensation for permanent partial disability for an injury to terminate on the date when compensation for permanent total disability begins (Sec. 9).

• Authorizes compensation lump sum payment only upon application of a party to the commissioner and upon written consent of all parties (Sec. 16).

Full Bill Text