Sen. Terry Link
Filed: 7/9/2004
 
 

 




 

 		












09300HB0805sam003

LRB093 05617 WGH 52573 a






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AMENDMENT TO HOUSE BILL 805




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    AMENDMENT NO. ______. Amend House Bill 805, AS AMENDED, 
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with reference to page and line numbers of Senate Amendment No. 
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2, on page 42, by replacing line 30 with the following:

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"extra hourly pay for overtime above the normal hourly wage ,

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and bonus, divided by 52; but if the injured employee"; and
 
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on page 61, by replacing lines 3 through 25 with the following:
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    "(l) If the employee has made written demand for payment of 
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benefits under Section 8(a) or 8(b), the employer shall have 14 
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days after receipt of the demand to set forth, in writing, the 
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reason for the delay.
In case the employer or his insurance 
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carrier shall without good
and just cause fail, neglect, refuse 
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or unreasonably delay the payment
of benefits under Section 
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8(a) or 8(b),
weekly compensation benefits due to an injured 
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employee during the
period of temporary total disability the 
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arbitrator or the Commission
shall allow to the employee 
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additional compensation in the sum of $30
$10
per day for each 
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day that benefits under Section 8(a) or 8(b) have
a weekly 
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compensation payment has been so
withheld or refused, not to 
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exceed $16,425, as well as the costs of litigation
provided 
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that such additional compensation shall
not exceed the sum of 
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$2,500.  A delay in payment of 14 days or more
shall create a 
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rebuttable presumption of unreasonable delay."; and

 
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by replacing lines 31 through 34 on page 87 and  lines 1 through 
 


 






09300HB0805sam003
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LRB093 05617 WGH 52573 a




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11 on page 87 with the following:
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    "(k-1) If the employee has made written demand for payment 
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of benefits under Section 8(a) or 8(b) of the Workers'

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Compensation Act, the employer shall have 14 days after receipt 
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of the demand to set forth, in writing, the reason for the 
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delay. In case the employer or the employer's insurance carrier 
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shall without good and just cause fail, neglect, refuse, or 
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unreasonably delay the payment of benefits under Section 8(a) 
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or 8(b) of the Workers'
Compensation Act, the arbitrator or the 
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Commission shall allow to the employee additional compensation 
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in the sum of $30 per day for each day that benefits under 
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Section 8(a) or 8(b) of the Workers'
Compensation Act have been 
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so withheld or refused, not to exceed $16,425, as well as the 
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costs of litigation.  A delay in payment of 14 days or more 
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shall create a rebuttable presumption of unreasonable delay.".