National – OSHA published a notice of proposed rulemaking this week seeking to address potential hazards embedded in the workplace for first responders.
Oregon – Senate Bill 1584 would eliminate statutory language allowing injured workers to turn down job offers that are not with the employer at injury or not at a site of the employer at injury without losing benefits. If passed, injured workers could still reject jobs that are a certain distance away from their workplace or that require a commute that is beyond their physical capacity according to a treating doctor.
Kansas – Senate Bill 430 includes provisions creating offsets for injured workers receiving retirement payments or Social Security benefits and would require moving from the fourth to the sixth edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment. The bill would increase death benefits to $500,000 from $300,000; increase the minimum permanent total disability award to $50 from $25; increase the maximum PTD benefit to $400,000 from $155,000; increase the maximum temporary total disability benefit to $225,000 from $130,000; and increase the maximum permanent partial disability benefit to $100,000 from $75,000. It would also require injured workers to provide clear and convincing evidence of the need for future medical to rebut the presumption that the employer’s liability ends when a worker reaches maximum medical improvement.
South Carolina – HB 4992, affirms that a first responder must witness a “significant traumatic experience or situation” to qualify for benefits, listing 11 types of incidents that one must “see, hear or smell for oneself,” most of which include death or grave bodily harm. A first responder is defined as a law enforcement officer, firefighter or emergency medical technician employed by state or local government. A volunteer law enforcement officer or firefighter engaged by state or local government would also be eligible.
Maryland – SB 750 would provide an exception to exclusive remedy in workers’ compensation, making an employer liable if an employee is injured or killed “as the result of the deliberate intent of the employer to injure or kill the covered employee.” Under the proposal, deliberate intent means the employer “acted in a manner that was premeditated or willful in causing the injury to or death of the covered employee” or “had actual knowledge that an injury or death was substantially likely to occur and willfully disregarded that knowledge.” The bill takes effect October 1st, but it would apply retroactively to January 1, 2022.
HB 1145 would create a presumption that hypertension is compensable for firefighters, firefighting instructors, rescue squad members and advanced life support unit members. The same bill was filed last year and never received a hearing. SB 1069 would create a presumption that post traumatic stress disorder (PTSD) is compensable for first responders.
Virginia – SB 241 passed through the Senate this week. If passed, it would require employers and carriers to notify injured workers that they have the right to dispute the denial of a claim with the Workers’ Compensation Commission. The bill would also mandate that denial letters include certain language about the right to appeal and contact information for the commission.
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