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House Bill 1727


House Bill 1727

ARCHIVE (2003)

Latest Information

 

DIGEST OF INTRODUCED BILL


Worker's and unemployment compensation. Establishes requirements for the procedure used by a common construction wage committee to determine the scale of wages for the construction of a public work. Provides that a person may request that the department of labor review a determination if the person has substantial reason to believe that the determination does not comply with the common construction wage law. Increases worker's compensation and occupational disease benefits. Modifies the average weekly wage for an employee who sustains a compensable injury or occupational disease after a prior period of disability. Provides a credit for second injury fund assessments to an employer who pays increased benefits because of the modification. Revises the calculation of second injury fund assessments. Establishes an occupational disease second injury fund. Authorizes a 10% prejudgment interest rate for disputed worker's compensation and occupational disease claims. Establishes disabled from trade compensation. Requires an employer to give an employee 30 days notice before terminating temporary total disability benefits. Reduces by 20% rather than refusing the payment of benefits when an employer proves that an employee willfully self-inflicts injury or death, is intoxicated, commits an offense, willfully fails to obey a reasonable written or printed rule of the employer, or willfully fails to perform any statutory duty. Reduces an employee's compensation by 15% when the employee fails to comply with certain safety practices. Increases an employee's compensation by 30% when an employer fails to comply with certain safety practices. Provides for a uniform two year statute of limitations for worker's compensation and occupational disease claims. Authorizes the worker's compensation board to appoint magistrates to determine issues arising under worker's compensation, with certain exceptions. Requires a magistrate to report the magistrate's findings in an evidentiary hearing to the board member to whom the case was assigned and requires the board member to enter the final order or award. Establishes a process for transferring an employee's medical treatment to another physician. Requires the written consent of an employee and the involved medical personnel for an employer representative to be present during an employee's medical treatment or examination. Provides that a temporary employee in the construction trades who is placed by a temporary employment agency with a third party client company employer is an employee of the third party for worker's compensation purposes. Establishes the grounds to disqualify a temporary employee from receiving unemployment benefits. Makes it a Class A misdemeanor for, and provides a private right of action against, a temporary employment agency that violates or fails to provide certain protections to temporary employees in the construction trades. Eliminates the waiting period for unemployment benefits. Establishes an alternative base period. Increases maximum wage credits and the taxable wage base. Allows an employee to receive a retroactive unemployment benefit when an employer shuts down operations during a labor dispute. Reduces to 10 days an employer's response time to unemployment benefit claims. Establishes work sharing and job training benefits. Requires the department of workforce development (DWD) to deposit the first $450,000 in skills 2016 training assessments in the special employment and training services fund. Reduces to 1.05 the fund ratio at which the unemployment insurance benefit fund receives skills 2016 training fund assessments and deposits. Appropriates from the federal Temporary Extended Unemployment Compensation Act of 2002 distribution to DWD $160 million beginning July 1, 2003, and ending June 30, 2012, for the following purposes: (1) $50 million for the modernization of the unemployment insurance (UI) system; (2) $50 million for the JOBS proposal; and (3) $60 million for 13 additional weeks of UI benefits.
Current Status:
 In Committee - first House
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