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Legislation Detail
CS/HB 66 WORKERS' COMPENSATION CHANGES
Sponsored By: Rep Pamelya P Herndon

Actions: HPREF [2] HLVMC/HJC-HLVMC- DP-HJC [5] DNP-CS/DP [7] PASSED/H (36-22) [8] STBTC/SJC-STBTC [15] DP-SJC [17] DP [19] PASSED/S (25-14) SGND BY GOV (Mar. 21) Ch. 18.

Scheduled: Not Scheduled

Summary:
 House Bill 66 (HB 66) makes changes to workers’ compensation by increasing the amount of money that can be advanced by employers for discovery costs and increasing the maximum amount of attorney fees that can be collected in a workers’ compensation case.
Legislation Overview:
 House Bill 66 (HB 66) makes two changes to Section 52-1-54 of the Workers’ Compensation Act. 
First, HB 66 increases the amount of money that an employer can be responsible for paying for discovery.  In a workers’ compensation case, if a claimant (worker) requests any discovery, the employer is required to advance the cost of paying for discovery up to a certain limit.  Currently, the limit is $3,000.  HB 66 increases the limit to $6,000.  
Second, HB 66 increases the maximum amount of attorney fees that can be collected in a workers’ compensation case.  The law currently provides that in a workers’ compensation case, attorney fees on behalf of a claimant (worker) or employer cannot exceed $22,500.  HB 66 increases this amount to $30,000 in calendar year 2025, and after 2025, the fee is adjusted annually by the consumer price index.
Current Law: 
 Currently, the amount of money that can be advanced by employers for discovery costs is $3,000 and attorney fees on behalf of a claimant (worker) or employer cannot exceed $22,500.
Committee Substitute:
 The House Judiciary Committee Substitute for House Bill 66 (HJC CS/HB 66) makes changes to workers’ compensation by increasing the amount of money that can be advanced by employers for discovery costs and increasing the maximum amount of attorney fees that can be collected in a workers’ compensation case or occupational disease disablement case. 
HJC CS/HB 66 increases the amount of money that an employer can be responsible for paying for discovery.  In a workers’ compensation case or occupational disease disablement case, if a claimant requests any discovery, the employer must advance the cost of paying for discovery up to a certain limit.  Currently, the limit is $3,000.  HJC CS/HB 66 increases the limit to $3,500, which will increase to $4,000 in the year 2027 and increase again to $4,500 in 2029.  
HJC CS/HB 66 also increases the maximum amount of attorney fees that can be collected in a workers’ compensation case or occupational disease disablement case.  The law currently provides that in these cases, attorney fees on behalf of a claimant or employer cannot exceed $22,500.  HJC CS/HB 66 increases this amount to $30,000 in the year 2025, which increases to $32,000 in 2027 and increases again to $34,000 in 2029. 
The HJC CS/HB 66 adds that by November 1, 2029, the Advisory Council on Workers’ Compensation and Occupational Disease Disablement must recommend to the legislature any needed adjustments to the maximum allowable attorney fees or limits on discovery costs.
  • Floor Amendments arrow_drop_down