Changes in workers' compensation laws in 2003: new and revised legislation further defined coverage and services under the workers' compensation laws of various States - Worker's Compensation, 2003

Monthly Labor Review, Jan, 2004 by Glenn Whittington

The waiting period for temporary total disability benefits was reduced from 40 hours of wage loss (5 days) to 32 hours (4 days).

A signed claim for workers' compensation or occupational disease benefits now serves as authorization for the disclosure of information relevant to the claimant's condition to the workers' compensation insurer or to the agent of a workers' compensation insurer by the healthcare provider.

A provision was added that an award for permanent partial disability may not be based exclusively on complaints of pain. Also, effective July 1, 2003, the permanent partial disability benefit maximum increased from 350 weeks to 375 weeks.

The Montana Heritage Preservation and Development Commission is to provide workers' compensation coverage for its volunteers.

If an employer misrepresents an employee's status as an exempt independent contractor, the department may impose a civil penalty of $1,000 on the employer, in addition to any other penalties provided in the law.

Nebraska

Workers' compensation coverage is now provided to volunteer firefighters, volunteer ambulance drivers, and volunteer emergency care providers from the instant that such persons begin to respond to a call to active duty until their return to the location from which they were initially called to active duty or until they engage in any activity beyond the scope of the performance of their duties, whichever occurs first.

For workers' compensation purposes, an employer of any number of related employees and less than six unrelated employees engaged in agricultural pursuits are not exempt from the Workers Compensation Act. An employer who is exempt may elect to bring his or her employees under the Act.

Nevada

A person convicted of knowingly failing to comply with an order issued by the administrator of the Division of Industrial Insurance Relations to cease immediately all business operations will be guilty of a misdemeanor.

A periodic cost-of-living increase was established for injured workers who become permanently totally disabled. For any injury or disability occurring on or after January 1, 2004, the cost-of-living increase will be 2.3 percent.

For workers' compensation coverage purposes, the term "employee" excludes persons who perform services as a sports official for a nominal fee at an amateur, intercollegiate, or interscholastic sporting event and is sponsored by a public agency, public entity, or private nonprofit organization. Sports official includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sporting event.

A self-insured employer, an association of self-insured public or private employers, or a private carrier cannot enter into a contract with an organization for managed care unless the organization's proposed plan for providing medical and healthcare services provides all medical and healthcare services that may be required for industrial injuries and occupational diseases in a manner that ensures the availability and accessibility of adequate treatment to injured employees.