Sen. Christine Radogno
Filed: 1/25/2017
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1 | AMENDMENT TO SENATE BILL 12
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2 | AMENDMENT NO. ______. Amend Senate Bill 12 on page 10, line | ||||||
3 | 23, by deleting "1,"; and
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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
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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
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10 | on page 45, by replacing lines 16 and 17 with the following:
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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
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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
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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
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6 | by deleting all of pages 87 and 88; and
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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
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10 | in accordance with the provisions of Section 8, paragraph (b) | ||||||
11 | of this
Act, shall be considered unreasonable delay."; and
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12 | on page 131, by deleting lines 23 and 24; and
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13 | on page 131, line 25, by changing " (6) " to " (5) "; and
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14 | on page 132, line 2, by changing " (7) " to " (6) "; and
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15 | on page 132, line 12, by changing " (8) " to " (7) ".
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