WORKERS COMPENSATION LAW

SS/SCS/SB 572 - Affirmatively states that occupational diseases are exclusively covered under workers’ compensation laws.
 Co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers’ compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
 Civil actions involving injury or death filed by the employee shall not proceed until all administrative remedies are exhausted. Administrative actions brought under the workers’ compensation statutes shall toll civil action statutes of limitation.
 Toxic exposure is defined. In cases where occupational disease is caused by toxic exposure, there shall be no subrogation rights for employers.
 The death benefit for employees is raised from $5,000 to $10,000. (Vetoed 3/16/12)

HB 1540 -States that co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers’ compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
 The Division of Workers’ Compensation is allowed to determine the manner in which an application is made for hearings on compensation disputes and the manner in which notices for failure to prosecute are sent to those other than employees.
 Allows documents relating to the outcome of hearings and notices to be sent by electronic means to the parties in dispute and the employer’s insurer when the employee has representation. All other notices, not otherwise specified, may be sent by electronic means. (Signed 7/10/12)