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SPONSOR: |
Robinson |
DATE TYPED: |
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HB |
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SHORT TITLE: |
National Guard Workers’ Comp Claim Time Limit |
SB |
814 |
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ANALYST: |
Collard |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Workers’
Compensation Administration
Department
of Military Affairs
SUMMARY
Synopsis
of Bill
Senate Bill 814 does
not require “a member of the National Guard whose injury happened while on
state-ordered duty and who has received federal veterans’ disability benefits
as a result of that injury” to submit a notice of accident to the employer
within 15 days, as is the case with other employees, to receive workers’
compensation benefits. It also extends
the limitation on filing a claim for refusal of the employer or insurer to pay
compensation past one year for the worker described above. The “employer” under state law would be the
Department of Military Affairs.
FISCAL IMPLICATIONS
There is no appropriation
or significant fiscal impact associated with this bill.
ADMINISTRATIVE IMPLICATIONS
The Department of
Military Affairs notes the bill would increase New Mexico National Guard
efficiency, recruitment and membership because members serving in state active
duty would have the confidence of insurance coverage if injured on the job. The department also notes it would be
responsible for administration of the outgoing claims.
OTHER SUBSTANTIVE ISSUES
The Department of Military Affairs indicates the
Governor and Adjutant General place a proximately 200 to 500 guardsmen on
state-ordered duty each year for an average of 2,087 man-days per year. This number is based on the last four years’
experience. It is unknown how many
guardsmen who were injured in the past would be able to take advantage of this
legislation. The Department of Military Affairs supports enactment of this legislation.
The
Workers’ Compensation Administration states notice requirements compliance may
be contested in some cases, although actual notice is an acceptable substitute
for written notice under applicable case law.
The
Workers’ Compensation Advisory Council has had a process in place for several
years for the review of proposed legislation affecting the workers’
compensation system, pursuant to its statutory mandate. The prior council had a series of public meetings
during the summer of 2002 where legislative proposals for this session were
discussed. At the council’s request,
proposals involving changes to workers' compensation benefits were analyzed for
their costs by the Workers' Compensation Administration research staff, the
National Council on Compensation Insurance and New Mexico Mutual Casualty
Company. This proposal has never been
submitted to or reviewed by either the former or current Workers’ Compensation
Advisory Council. It is the position of the current Workers’
Compensation Advisory Council that, at the present time, it opposes this bill.
KBC/njw