The bill amends the Worker's Disability Compensation Act of 1969, introducing significant changes to the definitions and conditions for employee compensation related to work-related injuries. Key modifications include a shift from "shall" to "must" regarding compensation payments and an expanded definition of compensable personal injuries, which now encompasses conditions that "accelerate, or worsen a symptom or pathology" for both physical and mental health, irrespective of preexisting conditions. The bill also clarifies employment status for employees commuting to and from work and specifies that injuries from social or recreational activities are not covered. Additionally, it increases the after-tax average weekly wage compensation from 80% to 90% for injured employees and establishes new provisions regarding the burden of proof for employers when an employee declines a bona fide job offer.

Further amendments focus on the calculation and management of compensation benefits, including the removal of the stipulation that no compensation is paid for injuries not resulting in at least one week of incapacity. The bill introduces a conclusive presumption of total and permanent disability lasting no more than 800 weeks from the injury date and mandates annual adjustments to the maximum weekly compensation rate based on average weekly wages. It also clarifies the treatment of overpayments, requiring employees to reimburse employers within 30 days of notification, with potential future compensation payments being reduced until the overpayment is settled. Overall, the bill aims to enhance protections for injured workers while providing clearer guidelines for compensation eligibility and employer responsibilities.

Statutes affected:
House Introduced Bill: 418.301, 418.302