Kentucky: Legislators end '09 session by addressing AMA <i>Guides</i>, exclusive remedy

Lawmakers in Kentucky wrapped up their 2009 legislative session by addressing a pair of workers' compensation issues.

Legislators passed House Bill 333, which was signed into law by Gov. Steve Beshear. The bill orders the state Department of Labor's Office of Workers' Claims to study whether to adopt the sixth edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment or continue using the fifth edition.

"The study of this issue will provide time for review of the most recent edition and expert medical opinions," said Greg LaCost, assistant vice president and regional manager for the Property Casualty Insurers Association of America.

Virginia: Hearing covers premium level adjustments (11/01/12)
Washington: DLI looks to establish medical provider network (09/10/12)
Washington: Safety and health grants program rules allow for funding (03/05/12)
Oregon: Division sets claims processing administrative cost factor (01/30/12)
OSHA restructures antiretaliation program, updates manual (08/29/11)

House Bill 455, which would have waived the exclusive remedy under workers' comp for "reckless acts" of the employer, failed to move forward. LaCost applauded the bill's defeat.

"Workers' compensation is a no-fault system built on the concept of it being the exclusive remedy for workers to resolve workplace injuries," he said. "This attempt to go outside of the system and seek tort damages would undermine workers' compensation and add potentially large costs for workers, employers and insurers. The current system allows for injured workers to receive medical treatment and lost wages without the need for civil suits."

May 4, 2009

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