5613-S AMH COND ELGE 093

SSB 5613 - H AMD 531

By Representative Condotta

NOT ADOPTED 4/09/2009

    On page 2, after line 31, insert the following:

    "(6) If an employer prevails in an appeal before the board of industrial insurance appeals or on judicial review, the board or court, as the case may be, shall award to the employer actual damages, costs, and reasonable attorneys' fees.  For purposes of this subsection, "actual damages" means all economic loss suffered by the employer for any day or days during which work was stopped due to a stop work order, including lost profits, lost wages, penalties paid, and interest."

    Renumber the sections consecutively and correct any internal references accordingly.

EFFECT: Provides that an employer who prevails before the Board of Industrial Insurance Appeals or a court is entitled to actual damages, reasonable attorneys' fees, and costs. Defines actual damages to mean all economic loss suffered for any day or days during which work was stopped due to a stop work order, including lost profits and wages, penalties, and interest. 

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