HB 5546

Abstract

Amends the Workers' Compensation Act. Provides that an "accident" is an occurrence that arises out of employment resulting from a risk incidental to and in the course of the employment at a time and place and under circumstances reasonably required by the employment. Provides that an "injury" is an occurrence that arises out of and in the course of employment. Provides that an injury by accident is compensable only if the accident was the primary factor in causing both the resulting medical condition and disability. Provides that certain conditions and impairments of health suffered by firefighters, paramedics, and emergency medical technicians shall be rebuttably presumed not to arise out of employment unless the accident is the primary factor in causing the resulting medical condition. Abolishes certain notice and election provisions in connection with preferred providers. Specifies that fees for certain prescriptions shall be limited to the manufacturer's Average Wholesale Price (rather than the Average Wholesale Price). Provides that an employee may overcome the rebuttable presumption that intoxication was the proximate cause of the injury by a preponderance of the evidence that the intoxication was not the sole proximate cause, rather than sole proximate cause or proximate cause, of the accidental injury.