Full Text of SB0012 100th General Assembly
SB0012sam002 100TH GENERAL ASSEMBLY | Sen. Christine Radogno Filed: 1/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 12
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 12 on page 10, line | 3 | | 23, by deleting "1,"; and
| 4 | | on page 10, line 23, by deleting "8.7,"; and | 5 | | on page 10, line 24, by deleting "and by adding Section 14.3"; | 6 | | and | 7 | | by deleting all of pages 11 through 18; and
| 8 | | on page 19, by deleting lines 1 through 15; and | 9 | | on page 29, line 20, by changing $755.22 to $775.18 ; and
| 10 | | on page 45, by replacing lines 16 and 17 with the following:
| 11 | | "fingers, leg, foot , or any toes, or loss under Section 8(d)2 | 12 | | due to accidental injuries to the same part of the spine, such |
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| 1 | | loss or partial loss of any such member or loss under Section | 2 | | 8(d)2 due to accidental injuries to the same part of the spine | 3 | | shall be deducted from any award made"; and | 4 | | on page 45, line 20, by replacing "eye" with "eye or loss under | 5 | | Section 8(d)2 due to accidental injuries to the same part of | 6 | | the spine "; and | 7 | | on page 45, line 22, by inserting immediately following the | 8 | | period the following: | 9 | | " For purposes of this subdivision (e)17 only, "same part of the | 10 | | spine" means: (1) cervical spine and thoracic spine from | 11 | | vertebra C1 through T12 and (2) lumbar and sacral spine and | 12 | | coccyx from vertebra L1 through S5. "; and | 13 | | on page 46, by replacing lines 6 through 21 with the following: | 14 | | "members, and in a subsequent independent accident loses | 15 | | another or suffers the permanent and complete loss of the use | 16 | | of any one of such members the employer for whom the injured | 17 | | employee is working at the time of the last independent | 18 | | accident is liable to pay compensation only for the loss or | 19 | | permanent and complete loss of the use of the member occasioned | 20 | | by the last independent accident."; and
| 21 | | on page 58, line 5, after " exists ", by inserting " and is | 22 | | admitted into evidence "; and |
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| 1 | | on page 65, lines 3 and 20, by replacing " 7110.90 " each time it | 2 | | appears with " 9110.90 "; and
| 3 | | by deleting lines 22 through 25 of page 73, all of pages 74 | 4 | | through 80, and lines 1 through 12 of page 81; and | 5 | | on page 86, by deleting lines 18 through 25; and
| 6 | | by deleting all of pages 87 and 88; and
| 7 | | on page 89, by deleting lines 1 through 7; and | 8 | | by replacing lines 20 through 26 of page 92 and lines 1 through | 9 | | 23 of page 93 with the following: | 10 | | "Whether the employee is working or not, if the employee is | 11 | | not receiving or has not received medical, surgical, or | 12 | | hospital services or other services or compensation as provided | 13 | | in paragraph (a) of Section 8, or compensation as provided in | 14 | | paragraph (b) of Section 8, or if the employer has refused or | 15 | | failed to respond to a written request for authorization of | 16 | | medical care and treatment, the employee may at any time | 17 | | petition for an expedited hearing by an Arbitrator on the issue | 18 | | of whether or not he or she is entitled to receive payment of | 19 | | the services or compensation or authorization of medical care . | 20 | | Provided the employer continues to pay compensation pursuant to |
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| 1 | | paragraph (b) of Section 8, the employer may at any time | 2 | | petition for an expedited hearing on the issue of whether or | 3 | | not the employee is entitled to receive medical, surgical, or | 4 | | hospital services or other services or compensation as provided | 5 | | in paragraph (a) of Section 8, whether or not the employee is | 6 | | entitled to authorization of medical care and treatment, or | 7 | | compensation as provided in paragraph (b) of Section 8. When an | 8 | | employer has petitioned for an expedited hearing, the employer | 9 | | shall continue to pay compensation as provided in paragraph (b) | 10 | | of Section 8 unless the arbitrator renders a decision that the | 11 | | employee is not entitled to the benefits that are the subject | 12 | | of the expedited hearing or unless the employee's treating | 13 | | physician has released the employee to return to work at his or | 14 | | her regular job with the employer or the employee actually | 15 | | returns to work at any other job. If the arbitrator renders a | 16 | | decision that the employee is not entitled to the benefits or | 17 | | medical care that is are the subject of the expedited hearing, | 18 | | a petition for review filed by the employee shall receive the | 19 | | same priority as if the employee had filed a petition for an | 20 | | expedited hearing by an Arbitrator. Neither party shall be | 21 | | entitled to an expedited hearing when the employee has returned | 22 | | to work and the sole issue in dispute amounts to less than 12 | 23 | | weeks of unpaid compensation pursuant to paragraph (b) of | 24 | | Section 8."; and | 25 | | on page 113, by replacing lines 7 through 18 with the |
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| 1 | | following: | 2 | | "(k) In case where there has been any unreasonable or | 3 | | vexatious delay
of payment or intentional underpayment of | 4 | | compensation, or proceedings
have been instituted or carried on | 5 | | by the one liable to pay the
compensation, which do not present | 6 | | a real controversy, but are merely
frivolous or for delay, then | 7 | | the Commission may award compensation
additional to that | 8 | | otherwise payable under this Act equal to 50% of the
amount | 9 | | payable at the time of such award. Failure to pay compensation
| 10 | | in accordance with the provisions of Section 8, paragraph (b) | 11 | | of this
Act, shall be considered unreasonable delay."; and
| 12 | | on page 131, by deleting lines 23 and 24; and
| 13 | | on page 131, line 25, by changing " (6) " to " (5) "; and
| 14 | | on page 132, line 2, by changing " (7) " to " (6) "; and
| 15 | | on page 132, line 12, by changing " (8) " to " (7) ".
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