FBA has joined a coalition opposing SB 1127 (Atkins), which fundamentally alters longstanding rules and timeframes for determining eligibility for workers’ compensation claims and, as drafted, would dramatically increase systemic friction and litigation. SB 1127 reduces the timeline for employers to make a decision about covering a claimed injury but it does not harmonize any of the other statutes and regulations that prevent employers from complying with the new timeline. The bill changes the rules for all claims – including public- and private-sector employers – but the provisions as they apply to public employers are especially challenging.
SB 1127 has three main provisions, all of which are problematic:
Reduces the timeframe allotted for employers to investigate claims
Imposes massive new penalties on employers
More than doubles duration of temporary disability for cancer presumption claims
In addition, SB 1127 does not provide sufficient time to investigate claims, it creates new penalties that make taxpayer funded presumption claims dangerous to investigate, and it more than doubles temporary disability benefits.
More information about the bill can be found here.