BILL NUMBER:S4662

TITLE OF BILL:

An act to amend the workers' compensation law, in relation to video
conferencing technology

PURPOSE:

To provide for videoconferencing technology at all workers'
compensation offices in order to facilitate all workers' compensation
proceedings and hearings brought before the chair or the board.

SUMMARY OF PROVISIONS:

Section 1 amends the workers' compensation law to provide that all
district offices shall be equipped with video conferencing technology
to facilitate workers' compensation proceedings and hearings in any
action brought before the chair or the board.

Section 2 provides the effective date.

JUSTIFICATION:

The original purpose for the creation of administrative adjudication
proceedings for workers' compensation was to establish "alternative
              

dispute resolution" systems for these disputes. These were intended as
less complicated, more prompt means of resolving disputes as compared
to the more formal, civil court counterparts.  Workers' Compensation
boards utilize a simplified approach to determine claims through less
stringent filing, evidentiary, and hearing procedures and a more
cooperative and responsive approach to assist claimants and
constituents.

However, in an effort to reduce administrative costs, lower volume
offices, often located in the most rural communities of our state are
being shut down. This forces hundreds of injured employees and their
representative to travel over an hour to attend workers' compensation
proceedings and hearings. This bill requires video conferencing
technology at all workers' compensation offices in an effort to
provide easy access to injured and disabled workers living in rural or
other areas throughout the state that are unable to be physically
present at workers' compensation hearings.

Video is now used to effectuate timely hearing appearances by
out-of-state or remotely located claimants or health care providers.
Desktop video technology is also utilized on a pilot basis for
conducting conciliations or pre-hearing conferences with self-insured
employers or insurance carriers who may have a number of cases pending
before the Board. Expanding the use of video conferencing for securing
critical testimony of both employees and health care providers who may
offer such testimony on a case directly from their homes, private
offices or hospitals is essential. This is an important step forward
for employees whose ability to pursue a claim or defend an insurer's
attempt to reduce or terminate workers' compensation benefits is
compromised by the expenses associated with long distance travel or


other hurdles preventing the employee from physically attending the
hearing.

Assisting injured workers should be a strong goal of the state.
Requiring individuals to travel exceedingly long distances or when
they have a physical disability preventing travel is a hardship that
ought to be avoided if possible. Video conferencing enables employees
and others offering testimony in a workers' compensation hearing to
provide that testimony at virtually any setting. For the
aforementioned reasons it is imperative that this bill is enacted.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.