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Session Reaches Midpoint Confidentiality of Wc First Injury Reports

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Session Reaches Midpoint Confidentiality of Wc First Injury Reports TO: NWCEF Members FROM: Robert J. Hallstrom, Lobbyist and Executive Secretary RE: Legislative Update #10 DATE: March 22, 2019 SESSION REACHES MIDPOINT The 2019 Legislative Session is halfway complete as of Wednesday and with the designation of all individual Senator, Committee and Speaker priority bills, the issues to be addressed during the balance of the session have been defined. With only one week remaining for Committee hearings, full–day sessions of floor debate are scheduled to commence on April 2. CONFIDENTIALITY OF WC FIRST INJURY REPORTS The Business and Labor Committee will conduct a public hearing on LB 19 on Monday, March 25, 2019. Introduced by Senator Tom Briese (Albion), on behalf of NWCEF, LB 19 would require that workers compensation first reports of injury to be withheld from the public with certain designated exceptions. It is important that NWCEF members express their support for LB 19. Members of the Legislature’s Business and Labor Committee, set forth below, should be contacted to express your support for LB 19 (Confidentiality of WC First Injury Reports). In expressing your support for LB 19, please consider making the following arguments: ARGUMENTS IN SUPPORT OF LB 19 1. By excluding workers’ compensation first injury reports from designation as a “public record,” Nebraska will join vast majority of states that provide confidential treatment to such reports. 2. LB 19 would curb the avalanche of solicitations, which injured employees receive from attorneys once the “report of first injury” is filed with the Workers’ Compensation Court. 3. Injured employees have adequate access to information regarding potential legal representation for their claims and do not need to have their privacy invaded in this fashion. 4. Many work-related injuries are handled between the injured employee and his or her employer or insurance carrier without the need for litigation or legal intervention. Solicitations by lawyers produce unnecessary conflicts and unnecessary litigation, thereby reducing the amount of benefits that ultimately go to the employee and increasing the cost of the workers’ compensation system. BUSINESS AND LABOR COMMITTEE Matt Hansen (District 26), Chairperson, [email protected] (402) 471-2610 Ernie Chambers (District 11) (402) 471-2612 Sue Crawford (District 45) [email protected] (402) 471-2615 Steve Halloran (District 33) [email protected] (402) 471-2712 Ben Hansen (District 16) [email protected] (402) 471-2728 Steve Lathrop (District 12) [email protected] (402) 471-2623 Julie Slama (District 1) [email protected] (402) 471-2733 Check out the Unicameral’s website for senator contact information: http://www.nebraskalegislature.gov/senators/senator_list.php COMMITTEE HEARING ACTIVITY NWCEF presented testimony in support of LB 360 on Monday, March 18, before the Business and Labor Committee. LB 360 – Workers’ Compensation – Nonresidents Alien Dependents: Introduced by Senator Matt Hansen (Lincoln), LB 360 would provide for settlement of claims of nonresident alien dependents by authorizing a nonresident alien dependent, at any time prior to the final settlement, to file with the Workers’ Compensation Court a power of attorney designating any suitable person residing in the state to act as an attorney in fact in Workers’ Compensation Court proceedings. The bill would allow the power of attorney to act as attorney-in-fact for the nonresident alien in court proceedings if the court determines that the interests of the nonresident alien dependent will be better served by the attorney in fact than by the consular officer. The attorney-in-fact would be required to furnish a bond satisfactory to the Compensation Court conditioned upon the proper application of any money received as compensation under the Workers’ Compensation Act. PRIORITY BILL DESIGNATIONS The following bill of interest to NWCEF has been designated as a priority bill, which will enhance the likelihood of it being considered as the session progresses. COMMITTEEE PRIORITY LB 418 – Business and Labor Committee – Workers Compensation – Debt Collection While NWCEF maintains a position of “Watch” on LB 418, since the bill could be used as a vehicle for amendments containing provisions of other workers compensation bills opposed by NWCEF, we will remain on guard to prevent this type of action from occurring. Small Business Day at the Capitol NWCEF will co-sponsor the Small Business Day in Lincoln at the State Capitol on April 17. NWCEF’s co-sponsors are the National Federation of Independent Business, Nebraska Chamber of Commerce and Industry, the Greater Omaha Chamber of Commerce, the Lincoln Chamber of Commerce, and the Lincoln Independent Business Association. Small Business Day gives NWCEF members an opportunity to network with other small business owners. Governor Pete Ricketts will speak to the group, followed by legislative briefings by state senators. Details on the time and location of Small Business Day at the Capitol will be released soon. .
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