A bill to be entitled "An act relating to workers' compensation";

• Injured workers must have immediate access to medical care and financial assistance.
• Failure to do so without a good reason will open the carrier to a civil suit.
• Losses by the injured worker caused by denial of legitimate benefits may be recouped by a civil suit brought by the employee. Current law does not address these avoidable hardships.
• No injured worker must be required to resign from the job in order to settle out.
• Settling out medical cases is a key issue. In most cases people who settle their cases wind up transferring their needs over to state and federal agencies such as Medicare and Medicaid. Thus, the other agencies pay for the injury rather than the comp insurance company.

• Injured workers need more say in the doctors who treat them. The plan outlined in this bill would resolve this and possibly cut down on the doctor vs. doctor problem and extensive use of IME's by the carrier.
• Workers can choose a family physician to coordinate their care.
• Expedited hearings will settle differences quickly.
• Health care providers must bill the employer or carrier, not the employee.

• A peer review board must view all the evidence presented before making a decision and must give the employee a chance to comment before findings are made.

• New language about benefits while TTD.
• Certain benefits may continue until death, rather than at a certain age.
• Carriers cannot arbitrarily dispute a case after 120 days without a good reason.
• Workers returning to work at less salary will be compensated for the difference.
• Retraining is required in some cases, benefits to be paid during retraining.
• Employers need incentives to put their injured workers back to work. It is cheaper to put an injured worker back to work with restrictions than to make one PTD for life.

        Limiting employers and insurance carriers in their activities in workers' compensation cases;

• Surveillance is authorized only under certain circumstances, which lessen harassment.
• Pre-existing conditions that did not affect job ability are not to be considered.
• Family privacy is ensured.
• Adjusters may be fined and/or lose their licenses if they do not respond promptly to the Employee Assistance Office, the Division of Workers Compensation or the Division of Financial Services.
• Adusters/carriers may not deny medical treatment without the approval of the carrier's doctor or face civil action.
• Provisions for corrections of overpayments are listed.
• Personal opinions and attempt to sway a physician's opinion may not be made by adjusters, carriers or their attorneys.

• Carriers may have medical records that pertain only to the on-the job injury.
• Carriers must provide all current record when asked officially and provide a copy to the employee as well before an IME is set. The carriers often send only part of the injured workers records to IME or referral doctors. This causes a lot of litigation to determine which doctor is right. More doctors would agree if they had all relevant information on the patient. If all parties had to receive the records being sent to an IME or referral doctor, there would be less manipulation which would lead to less litigation.

• Neither claimant nor plaintiff attorney fees may be restricted by law.
• Language provided against certain fees and practices by claimant attorneys.