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Wyoming2015Enacted

HB0212

Workers Compensation Claim Apportionment

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This law allows employers to apply to the Workers' Compensation Division to remove injury costs from their insurance rates if the Division determines a third party primarily caused the injury.

What it does

  • Allows employers who are current on premium payments to apply to the Division for a determination of whether an injury cost should be charged to their account.
  • States that if the Division determines, by a preponderance of the evidence, that an injury was primarily caused by a third party, the injury shall not be charged to the employer's account.
  • Requires the employer to bear the burden of proof in any action brought for a chargeability determination.
  • Prevents the employer's account from receiving further credit if the Division recovers money from a third party after the account was determined to be unchargeable.
  • Limits the use of the Division's causation determination to ratemaking purposes only and prohibits its use in civil litigation regarding the injury.
  • Requires the Division to establish necessary procedures for chargeability determinations by rule and regulation.

Who it affects

  • Employers who pay workers' compensation premiums.
  • The Wyoming Workers' Compensation Division.
  • Employees who are injured at work.

Limits and unknowns

  • The Division's decision on who caused the injury cannot be used in civil court cases about that injury.
  • Employers must be current on their premium payments to apply for this determination.
  • The specific procedures for making these determinations are not detailed in this act but will be set by Division rules.

Plain language

Terms to know

Experience rating
A system that adjusts an employer's insurance premiums based on their history of work injuries.
Third party
A person or entity other than the employer or the employee who caused the injury.
Preponderance of the evidence
A legal standard meaning it is more likely than not that the claim is true.

Official record

Sources

Source checked
Read the official summary

Summary for LSO115 Bill No.: HB0212 Effective : 7/1/2015 LSO No.: 15LSO-0556 Enrolled Act No.: HEA 96 Chapter No.: 184 Prime Sponsor: Larsen Catch Title: Workers compensation-claim apportionment. Subject: Provides for non-charge of some claims to employer’ s experience rate Summary/Major Elements: The Workers’ Compensation Act requires base rate premiums be adjusted to reflect an individual employer’ s claims experience. This act provides an employer’ s claims experience will not be charged with the expense of an injury if, upon the reque st of the employer, the Workers’ Compensation Division determines an injury was primarily caused by a third party. The act also provides : T he employer carries the burden of proving causation ; T he D ivision’ s determination shall not be admissible in any civil litigation regarding the injury ; and If the employer’ s claims experience is not charged und er this provision, the employer’ s claims experience will not be credited if the Division receives any subrogation recovery from the proceeds of a claim against the third party. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Public statements

Why lawmakers voted

Last checked Aug 7, 3:51 AM

Voted Yes

Why they voted this way

The lawmaker urges an affirmative vote because the Senate amendments improved the original language to more clearly identify requirements for claiming apportionment.

Public statementFloor statement at 33:10 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

5 roll calls

H Concur:Passed 55-4-1-0-02015-03-03 · House55 yes 4 no
S 3rd Reading:Passed 29-1-0-0-02015-03-02 · Senate29 yes 1 no
Minerals:Recommend Amend and Do Pass 5-0-0-0-02015-02-26 · Senate5 yes 0 no
H 3rd Reading:Passed 58-2-0-0-02015-02-09 · House58 yes 2 no
Minerals:Recommend Amend and Do Pass 9-0-0-0-02015-02-04 · House9 yes 0 no

Official activity

Bill history

  1. Assigned Chapter NumberLSO
  2. Governor Signed HEA No. 0096 Governor
  3. S President Signed HEA No. 0096Senate
  4. H Speaker Signed HEA No. 0096House
  5. Assigned Number HEA No. 0096LSO
  6. H Concur:Passed 55-4-1-0-0House
  7. H Received for ConcurrenceHouse
  8. S 3rd Reading:Passed 29-1-0-0-0Senate
  9. Amendment AdoptedSenate
  10. S 2nd Reading:PassedSenate
  11. Amendment AdoptedSenate
  12. S COW:PassedSenate
  13. Amendment AdoptedSenate
  14. S Placed on General FileSenate
  15. Minerals:Recommend Amend and Do Pass 5-0-0-0-0Senate
  16. S Introduced and Referred to S09 - MineralsSenate
  17. S Received for IntroductionSenate
  18. H 3rd Reading:Passed 58-2-0-0-0House
  19. H 2nd Reading:PassedHouse
  20. Amendment AdoptedHouse

Changes

Amendments

5 stored

HB0212H2001

Adopted 2nd reading by Burkhart

HB0212HS001

Adopted Standing Committee by HMinerals

HB0212S2001

Corrected, Adopted 2nd reading by Anderson, J.L. (SD28)

HB0212S3001

Adopted 3rd reading by Ross

HB0212SS001

Adopted Standing Committee by SMinerals