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Senate committee advances first of several workers' compensation reform bills after testimony from injured workers and attorneys

2840838 · March 5, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A package of bills brought by Sen. Payton would change physician‑change rules, fee and benefit provisions and other workers' compensation procedures; SB 284 — the primary bill discussed — passed the committee after extensive testimony from an injured spouse, attorneys and employer representatives.

Sen. John Payton introduced a package of five workers' compensation bills (referred to in committee as SB 284 through SB 288) and summarized a set of proposed changes he said were intended to rebalance a system he described as originally created as a "grand bargain" between employers and workers.

Central to the hearing was Senate Bill 284, which would alter current rules limiting an injured worker's ability to change treating physicians. Under existing law, a claimant generally gets a one‑time change of physician in the lifetime of a claim; SB 284 would permit a claimant to change treating physicians "no more than once per year" and would allow established primary care physicians to participate in the workers' compensation network when a claimant already has a bona fide doctor–patient relationship. Sponsor testimony and claimant advocates said the change would reduce travel burdens and improve continuity of care for injured workers who need multiple specialists over an extended recovery.

Donna Scroggins testified about her husband Tracy's workplace injury and described prolonged delays in treatment, a series of surgeries and financial strain. "No family wants to be at the mercy of the workers' compensation insurance carriers," she said. Scroggins also urged changes to attorney‑fee rules and the statutory cap on temporary income benefits; she said the 2018 cap (cited in testimony) meant her husband's 66% wage replacement was effectively reduced to a much lower percentage because of a fixed dollar cap the claimant described as $34,944 per year.

Attorney Jason Hatfield, who represents injured workers, described how current rules can force claimants to use carrier‑appointed doctors and said allowing primary care physicians to participate — so long as they accept the Arkansas workers' compensation fee schedule — would ease access for patients in rural parts of the state. He said the proposed physician‑change rules respond to practical problems such as patients being sent to specialists far from home and the difficulty of attending multiple out‑of‑area appointments.

Employer and business representatives expressed concern about cost. Randy Zook and other business stakeholders warned that sweeping changes would raise employer costs and could reduce Arkansas' competitiveness; they said workers' compensation is a major factor for businesses choosing to locate or expand in the state. Karen McKinney, a former workers' compensation commissioner, testified on the history of one‑time physician‑change rules and warned that some proposals could increase litigation and medical costs if implemented without guardrails.

Committee members asked detailed questions about the current practice (including how independent medical examinations are obtained) and about tradeoffs between access and cost. Supporters urged the panel to make changes they said would assist injured workers who face multiple specialists and long treatment courses; opponents said costs could rise for every employer in the state if fees or benefits were expanded without offsetting changes.

At the conclusion of the hearing on the package, the committee recorded a motion and voice vote to pass SB 284. The chair announced the bill had passed. Other bills in the package were discussed and left pending for further committee consideration.