Industrial Insurance Benefits During
Appeal - HB 3139
HB 3139 will allow the payments of time-loss benefits after an order to stop time-loss benefits and while an appeal of that order is pending. Currently, when there is a decision to end time-loss benefits and the worker appeals, the worker is not paid any additional time-loss benefits while the appeal is pending. However, in some cases, the Department of Labor & Industries can continue to pay “conditional” time-loss benefits while an appeal is pending and if the worker losses the appeal, the worker is supposed to pay back the “conditional” time-loss benefits they received. Under this legislation, an injured worker who appeals a decision to stop paying time-loss benefits would be paid time loss benefits during the appeal unless the Board of Industrial Insurance Appeals orders that the benefits be stopped. The big concern for small business owners is that most workers who receive time-loss benefits while an appeal is pending and who lose the appeal will not be able to pay back the time-loss benefits they should not have received. In addition, the Department has the authority to waive the repayment of benefits in certain situations and that waiver is used quite often. Those un-recovered benefit payments end up being paid by all employers.
You are urged to call and write your Senator regarding HB 3139. You can identify your legislators and the phone numbers by going to www.ibaw.net/legfind or by calling 1-800-562-6000.
Sample Letter To Your Senator.
Month xx, 2008
The Honorable ____________
House of Representatives
Re: HB 3139 – Industrial Insurance Benefits During Appeal
Dear Senator _________:
As a small business owner from ____city name_______, I urge you to oppose HB 3139 that authorizes the payment of industrial insurance benefits while there is an appeal pending for the payment of those benefits. In cases where benefits are paid that are not truly due the recipient, the recipient is required to repay those benefits. But, the Department of Labor and Industries also has the authority to waive all or part of the repayment. Failing to repay undeserved benefits increases the cost of workers compensation insurance and hurts both workers and employers.
Please oppose HB 3139.
Please advise us of your position on HB 3139.
Thank you,
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