Employees injured on the job would be able to choose their own doctor under proposed changes to workers' comp

Recipients of workers' compensation would be able to choose their own medical care after an accident on the job under a bill heard in a House committee Monday [March 14]. The bill's sponsor, Rep. Mike Colona, D-St. Louis County, said the bill would give employees a peace of mind and restore more integrity into the workers' compensation system. However, witnesses filled the room and queued up to speak out against the bill and in the interest of business during a House Insurance Policy Committee hearing. In total, one witness spoke in support of the bill while seven spoke out in opposition. Colona said it is important for an employees to see their own primary care physician for an accurate diagnosis, especially when deciding if an injury is a pre-existing condition or one that was caused because of job-related activity. "Who better to evaluate somebody and say, 'This is a pre-existing condition,' other than your primary care physician," Colona said. "I think this adds a little bit more integrity from a realistic and employee or employer perspective." Rep. Bob Nance, R-Excelsior Springs, said a personal doctor might diagnose illness or injuries in a way that benefits the worker but is costly for the employers. "Your own doctor is going to be very generous to making an assumption as to what your problem is," Nance said. No immediate action was taken on the bill.

Rep. Jerry Nolte’s Legislation to Restore Co-Employee Liability Protection Receives Committee Approval

A Missouri House committee gave approval Thursday to legislation sponsored by state Rep. Jerry Nolte, R-Gladstone, that would protect Missouri workers and businesses by restoring liability protection taken away by the courts last summer. The House Workforce Development and Workplace Safety Committee approved HB 91 by a unanimous vote of 12-0.

House Bill 91 would restore co-employee liability protection in the Missouri’s Workers Compensation. The bill specifically addresses an issue raised last year when a court ruling allowed an injured worker to sue a co-worker after already settling a workers' compensation claim against his employer. Nolte’s legislation would reinstate liability protection to employees in cases where a workers compensation claim is settled. However, employees would still be liable in situations where injury is caused by the employee’s unprovoked violence or assault against another employee.

“The workers’ compensation reforms of 2005 and the court ruling made last year have had the unintended consequence of creating a negative environment for workers and employers in Missouri. The court ruling stripped away co-employee liability protection and opened up a floodgate of potential lawsuits by injured employees against co-workers,” said Nolte. “The end result is that it makes it more difficult for employers to hire and retain employees especially in supervisory roles when there is an increased chance the employee may be subjected to a lawsuit. Restoring co-employee liability protection will allow us to reverse these dangerous court decisions and get back to the original intent of the reforms made in 2005.”

HB 91 now awaits approval by the House Rules Committee before moving to the House floor for discussion.