SENATE BILL REPORT

SB 5606

BYSenators Rasmussen, Vognild and McMullen

Revising provisions for workers' compensation.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 16, 1989

Senate Staff:Charles A. Woods (786-7452)

AS OF FEBRUARY 15, 1989

BACKGROUND:

Injured workers or workers suffering occupational diseases may receive workers' compensation benefits until the medical condition stabilizes and the worker is released to return to work or the claim is closed.  A worker released to return to work may no longer be employed or may only be able to obtain employment at wages less than his or her wages at the time of injury.  Under the vocational rehabilitation program, a worker may be considered employable if the worker is able to obtain employment that pays a wage greater than the higher of the state or federal minimum wage.

SUMMARY:

Payment of temporary total disability (time-loss) benefits to an injured worker must continue until the worker obtains employment that pays a monthly wage, including benefits at least equal to the monthly wage the worker was earning at the time of injury or until the worker is enrolled in a vocational rehabilitation program.

If an employer requests that a worker return to work at a light duty job, the worker's time-loss benefits may not be terminated until the physician has determined whether the worker is physically able to perform the job.

The definition of "gainful employment" for the purposes of vocational rehabilitation is amended to provide that employment is gainful only if the monthly wage, including benefits, provided by the employer is at least equal to the wage that the worker was earning at the time of the injury.  The requirement that vocational rehabilitation determinations are made in the sole discretion of the supervisor of industrial insurance is deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 14, 1989