Sen. Terry Link
Filed: 7/9/2004
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1 | AMENDMENT TO HOUSE BILL 805
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2 | AMENDMENT NO. ______. Amend House Bill 805, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 2, on page 42, by replacing line 30 with the following:
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5 | " extra hourly pay for overtime above the normal hourly wage ,
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6 | and bonus , divided by 52; but if the injured employee"; and | ||||||
7 | on page 61, by replacing lines 3 through 25 with the following: | ||||||
8 | "(l) If the employee has made written demand for payment of | ||||||
9 | benefits under Section 8(a) or 8(b), the employer shall have 14 | ||||||
10 | days after receipt of the demand to set forth, in writing, the | ||||||
11 | reason for the delay.
In case the employer or his insurance | ||||||
12 | carrier shall without good
and just cause fail, neglect, refuse | ||||||
13 | or unreasonably delay the payment
of benefits under Section | ||||||
14 | 8(a) or 8(b),
weekly compensation benefits due to an injured | ||||||
15 | employee during the
period of temporary total disability the | ||||||
16 | arbitrator or the Commission
shall allow to the employee | ||||||
17 | additional compensation in the sum of $30
$10
per day for each | ||||||
18 | day that benefits under Section 8(a) or 8(b) have
a weekly | ||||||
19 | compensation payment has been so
withheld or refused, not to | ||||||
20 | exceed $16,425, as well as the costs of litigation
provided | ||||||
21 | that such additional compensation shall
not exceed the sum of | ||||||
22 | $2,500 . A delay in payment of 14 days or more
shall create a | ||||||
23 | rebuttable presumption of unreasonable delay."; and
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24 | by replacing lines 31 through 34 on page 87 and lines 1 through |
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1 | 11 on page 87 with the following: | ||||||
2 | " (k-1) If the employee has made written demand for payment | ||||||
3 | of benefits under Section 8(a) or 8(b) of the Workers'
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4 | Compensation Act, the employer shall have 14 days after receipt | ||||||
5 | of the demand to set forth, in writing, the reason for the | ||||||
6 | delay. In case the employer or the employer's insurance carrier | ||||||
7 | shall without good and just cause fail, neglect, refuse, or | ||||||
8 | unreasonably delay the payment of benefits under Section 8(a) | ||||||
9 | or 8(b) of the Workers'
Compensation Act, the arbitrator or the | ||||||
10 | Commission shall allow to the employee additional compensation | ||||||
11 | in the sum of $30 per day for each day that benefits under | ||||||
12 | Section 8(a) or 8(b) of the Workers'
Compensation Act have been | ||||||
13 | so withheld or refused, not to exceed $16,425, as well as the | ||||||
14 | costs of litigation. A delay in payment of 14 days or more | ||||||
15 | shall create a rebuttable presumption of unreasonable delay. ".
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