(1) The department shall study appeals of workers' compensation cases and collect
information on the impacts of chapter 280, Laws of 2008 on state fund and self-insured
workers and employers. The study shall consider the types of benefits that may be paid pending an appeal,
and shall include, but not be limited to:
(a) The frequency and outcomes of appeals;
(b) The duration of appeals and any procedural or process changes made by the board
to implement chapter 280, Laws of 2008 and expedite the process;
(c) The number of and amount of overpayments resulting from decisions of the board
or court; and
(d) The processes used and efforts made to recoup overpayments and the results of
(2) State fund and self-insured employers shall provide the information requested
by the department to conduct the study.
(3) The department shall report to the workers' compensation advisory committee by
July 1, 2009, on the preliminary results of the study. By December 1, 2009, and annually thereafter, with the final report due by December
1, 2011, the department shall report to the workers' compensation advisory committee
and the appropriate committees of the legislature on the results of the study. The workers' compensation advisory committee shall provide its recommendations for
addressing overpayments resulting from chapter 280, Laws of 2008, including the need
for and ability to fund a permanent method to reimburse employer and state fund overpayment
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