Bill Number: HB 1012
ACLU Position: Passive Support
Sponsors: Rep. Pace; Sen. Carroll
Interim Committee to Study Issues Related to Pinnacol Assurance.
Section 1 of the bill:
- Prohibits an insurer or employer from conducting surveillance of an employee who has submitted a workers' compensation claim unless the insurer or employer has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim;
- Allows the employee to request an expedited hearing before a prehearing administrative law judge;
- Requires the insurer or employer to provide all materials collected during the surveillance to the injured worker and to destroy all materials collected during the surveillance unless the materials are reasonably necessary to resolve an ongoing claim of fraud;
- Requires persons conducting surveillance to answer the employee's questions truthfully; and
- Creates a $1,000-per-day penalty for violations. Section 2 of the bill:
- Directs the prehearing administrative law judge to issue an injunction against the surveillance unless the insurer or employer shows that it has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim; and
- Allows the identity of a witness or whistleblower who provides evidence in good faith to be withheld or limited to an in camera review.
01/13/2010 Introduced In House - Assigned to Judiciary
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