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F I S C A L I M P A C T R E P O R T
SPONSOR Martinez
ORIGINAL DATE
LAST UPDATED
1/27/07
HB
SHORT TITLE Prohibit Certain Workers Comp Payments
SB 208
ANALYST Lucero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Workers’ Compensation Administration
SUMMARY
Synopsis of Bill
Senate Bill 208 limits accelerated or “lump sum" payment of disability modifiers unless all
parties agree and a workers’ compensation judge approves.
FISCAL IMPLICATIONS
No fiscal implications to the Workers’ Compensation Administration.
Insurance carriers would not have to pay out lump sums, including modifiers, unless there was
agreement.
SIGNIFICANT ISSUES
SB0208 limits lump sum acceleration of modifiers which may help avoid potential overpayments
to workers in the event they return to work earlier than anticipated.
Currently, modifiers are a major part of workers’ indemnity benefits and can include lump sum
settlements only with the approval of the insurance carrier, which removes the judge’s discretion.
pg_0002
Senate Bill 208 – Page
2
This amendment eliminates a tool that is used to negotiate during mediation and could impact
workers financially.
PERFORMANCE IMPLICATIONS
No performance implications to the Workers’ Compensation Administration.
ADMINISTRATIVE IMPLICATIONS
The amendment can be easily implemented and should not result in additional administrative
costs or increase in caseload.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
None at this time
TECHNICAL ISSUES
The amount of the benefit award is based on the compensation rate, impairment rating, and in
cases where the worker’s post-MMI wage is less than the pre-MMI wage, a modification
formula. The modification formula includes certain background factors such as
the worker’s
age, education, training, job experience, and pre-injury and post-MMI physical capacity.
OTHER SUBSTANTIVE ISSUES
The Workers’ Compensation Advisory Council has approved this bill.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Status Quo
DL/mt