HB0212 • 2015

Workers compensation-claim apportionment.

AN ACT relating to workers compensation; authorizing the division to determine the chargeability of claims costs to an employer's experience rating; providing rulemaking authority; and providing for an effective date.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Larsen
Last action: 2015-03-12
Official status: enrolled
Effective date: 7/1/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0212H2001

2nd reading • Burkhart

Adopted

Plain English: Adopted 2nd reading by Burkhart

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0212HS001

Standing Committee • HMinerals

Adopted

Plain English: Adopted Standing Committee by HMinerals

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0212S2001

2nd reading • Anderson, J.L. (SD28)

Corrected, Adopted

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

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0212S3001

3rd reading • Ross

Adopted

Plain English: Adopted 3rd reading by Ross

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0212SS001

Standing Committee • SMinerals

Adopted

Plain English: Adopted Standing Committee by SMinerals

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2015-03-12 LSO
Assigned Chapter Number
2015-03-12 Governor
Governor Signed HEA No. 0096
2015-03-04 Senate
S President Signed HEA No. 0096
2015-03-03 House
H Speaker Signed HEA No. 0096
2015-03-03 LSO
Assigned Number HEA No. 0096
2015-03-03 House
H Concur:Passed 55-4-1-0-0
2015-03-02 House
H Received for Concurrence
2015-03-02 Senate
S 3rd Reading:Passed 29-1-0-0-0
2015-03-02 Senate
Amendment Adopted
2015-02-27 Senate
S 2nd Reading:Passed
2015-02-27 Senate
Amendment Adopted
2015-02-26 Senate
S COW:Passed
2015-02-26 Senate
Amendment Adopted
2015-02-26 Senate
S Placed on General File
2015-02-26 Senate
Minerals:Recommend Amend and Do Pass 5-0-0-0-0
2015-02-11 Senate
S Introduced and Referred to S09 - Minerals
2015-02-10 Senate
S Received for Introduction
2015-02-09 House
H 3rd Reading:Passed 58-2-0-0-0
2015-02-06 House
H 2nd Reading:Passed
2015-02-06 House
Amendment Adopted
2015-02-05 House
H COW:Passed
2015-02-05 House
Amendment Adopted
2015-02-04 House
H Placed on General File
2015-02-04 House
Minerals:Recommend Amend and Do Pass 9-0-0-0-0
2015-01-30 House
H Introduced and Referred to H09 - Minerals
2015-01-30 House
H Received for Introduction
2015-01-28 LSO
Bill Number Assigned

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

ORIGINAL
House
Bill No
.
HB0212

ENROLLED ACT
NO. 96,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
14
‑
201(d) is amended to read:

27
‑
14
‑
201
.

Rates and classifications; rate surcharge.

(d)

In addition, the plan of rating shall use an experience rating system based on three (3) years claim experience, or as much thereof as is available, for employers enrolled under it. This system shall reward employers wi
th a better than average claim experience, penalize employers with a worse than average claim experience and may provide for premium volume discount so long as the account remains actuarially sound. Discounts from or penalties added to base employment classification rates because of claim experience shall not exceed sixty
‑
five percent (65%).
The experience rating of the employer against whom a claim is made shall be charged only that proportion of total benefits payable equal to the percentage that employment with that employer contributes to the cause of the injury.

An employer who is current on premium payments required by this act may apply to the division for a determination of experience modification rating chargeability for an injury to the employer's employee. The division's determination of chargeability shall be reviewable as provided in W.S. 27-14-601(k)(iii) and (iv). If the division, by a preponderance of the evidence, determines that an employee's injury was
primaril
y caused by a third party, the injury shall not be charged to the employer's account. The employer shall bear
the burden of proof in any action brought by the employer for a chargeability determination. If an employer's account is determined to be unchargeable under this subsection, the employer's account shall not be further credited upon recovery from a third party by the division. The division shall by rule and regulation establish necessary procedures for a determination of chargeability.

Any determination by the division regarding causation of an injury pursuant to this subsection shall be used only for ratemaking purposes and shall not be admissible in any civil litigation regarding the injury.

Section
2
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk