Full Text of HB0805 93rd General Assembly
HB0805sam003 93RD GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 7/9/2004
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09300HB0805sam003 |
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LRB093 05617 WGH 52573 a |
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| AMENDMENT TO HOUSE BILL 805
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| 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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| " extra hourly pay for overtime above the normal hourly wage ,
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| 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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| by replacing lines 31 through 34 on page 87 and lines 1 through |
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09300HB0805sam003 |
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LRB093 05617 WGH 52573 a |
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| 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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| 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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