2005 Legislation
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SENATE BILL NO. 1093 – Worker’s comp, permanent impairment

SENATE BILL NO. 1093

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Bill Status



S1093.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law relating to worker's
compensation benefits to provide that evaluations of permanent impairment
shall only be made by a qualified physician.
                                                                        
02/04    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1093
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WORKER'S COMPENSATION BENEFITS;  AMENDING  SECTION  72-424,  IDAHO
  3        CODE,  TO  PROVIDE  THAT EVALUATIONS OF PERMANENT IMPAIRMENT SHALL ONLY BE
  4        MADE BY A QUALIFIED PHYSICIAN.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 72-424, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        72-424.  PERMANENT  IMPAIRMENT  EVALUATION. "Evaluation (rating) of perma-
  9    nent impairment" is a medical appraisal, made only by a  qualified  physician,
 10    of  the  nature  and  extent of the injury or disease as it affects an injured
 11    employee's personal efficiency in the activities  of  daily  living,  such  as
 12    self-care,  communication,  normal  living  postures,  ambulation,  elevation,
 13    traveling, and nonspecialized activities of bodily members.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14496

This measure clarifies that evaluations of permanent physical
impairment are to be prepared only by competent individuals, namely
qualified physicians. It reinforces the legislature's intention
that impairment evaluations are to be medical evaluations.  Due to
the wide variety of industrial injuries and occupational exposures
that Idaho's workers face, the growing complexity of the medical
factors that must be considered, and the increasing specialization
of the medical field, the law should assure that evaluations or
"ratings" of permanent physical impairment are performed only by
individuals with appropriate medical training, background and
expertise.  Nothing in this provision is intended to preclude or
limit the Industrial Commission, as the trier of fact, from
averaging, apportioning, or otherwise weighing impairment ratings
prepared by qualified physicians.  "Physician" is already defined
in Idaho Code Section 72-102(24).  The term "qualified physician"
also appears in Idaho Code Sections 72-102(18) and 72-433(1).


                           FISCAL NOTE

NONE



Contact
Name: Senator John Goedde 
Phone: 332-1331


STATEMENT OF PURPOSE/FISCAL NOTE                   S 1093