Environmental & Healthcare Legislative Watch50 States · D.C. · U.S. Congress
From official state and federal legislative records. Informational only, not legal advice.
With a committee
A small team of lawmakers (a committee) is reading it closely and deciding if it's a good idea.
Next: the committee votes on whether it moves to the full chamber.
In plain words
AI summaryWritten by AI from the bill text. Check the official text before relying on it.
SB 865 - This act modifies provisions relating to workers' compensation. The term "accident" is modified to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. An injury is compensable if it is clearly work related. An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. An injury is not compensable merely because work was a triggering or precipitating factor. The term "injury" is modified by repealing the "prevailing factor" standard. Moreover, an injury is deemed to have arisen out of and in the course of employment only if it meets the following: • It is reasonably apparent, upon consideration of all the circumstances, that the employment is a substantial factor in causing the injury; and • It can be seen to have followed as a natural incident of the work; and • It can be fairly traced to the employment as a proximate cause; and • It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life. Similarly, the act modifies provisions governing the compensability of occupational diseases by repealing the "prevailing factor" standard. Specifically, an occupational disease is compensable if it is clearly work related and meets the requirements of an injury which is compensable under workers' compensation law. An occupational disease is not compensable merely because work was a triggering or precipitating factor. Additionally, an occupational disease due to repetitive motion is compensable if the occupational exposure was a substantial factor in causing both the resulting medical condition and disability. If the exposure to the repetitive motion which is found to be the cause of the injury is for a period of
