MA H2362

Bill

To clarify reimbursement of workers compensation insurers to prevent double recovery by injured workers in third party cases

Introduced
01/23/2017

In Committee
04/12/2018

Crossed Over

Passed

Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to reimbursement of workers’ compensation. Labor and Workforce Development.

AI Summary

This bill amends Section 15 of Chapter 152 of the General Laws to clarify the reimbursement of workers' compensation insurers in cases where an injured worker recovers damages from a third party. The key provisions are: (1) the insurer is entitled to be reimbursed from the recovery, but any amount exceeding the compensation paid to the employee (the "excess") shall be retained by or paid to the employee; and (2) the court shall inquire and make a finding on the fair allocation of the settlement amount, including amounts attributed to the employee's pain and suffering and payable to the employee's family members, in order to determine the "excess" amount that can be offset against future compensation payments by the insurer.

Committee Categories

Budget and Finance, Labor and Employment

Sponsors (1)

Claire Cronin (D),

Last Action

No further action taken (on 01/01/2019)

Official Document

https://malegislature.gov/Bills/190/H2362

(9 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://malegislature.gov/Bills/190/H2362
Bill	https://malegislature.gov/Bills/190/H2362.pdf

Bill	Bill Name	Last Action	Type
H1639	Allowing PILOT payments to municipalities	Accompanied a study order, see H4244	Similar To
H2573	Relative to ensuring fairness in public employee workers compensation benefits	No further action taken	Similar To
H313	Expanding the special education reimbursement program	Accompanied a new draft, see S2325	Similar To
H4257	Relative to the charter school reimbursement rate for the town of Foxborough	Accompanied a study order, see H4692	Similar To
S1029	Relative to workers' compensation coverage for officers of non-profit associations	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To
S1539	Establishing a municipal gas tax reimbursement	Accompanied a study order, see S2497	Similar To
S225	Relative to circuit breaker reimbursement	Accompanied a new draft, see S2325	Similar To
S233	To improve literacy skills	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To
S998	Relative to fairness in worker’s compensation disfigurement benefits	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To

Bill > H2362

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (1)

Last Action

Official Document

bill text

bill summary

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