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Senate committee rejects bill raising worker—omp attorney fee caps
Summary
The Public Health, Welfare and Labor Committee considered SB287, a measure to raise attorney fee caps in Arkansas workers—ompensation cases; sponsors said the change would help injured workers get timely care, but business groups opposed the change and the bill failed on a roll call.
Sen. John Payton introduced Senate Bill 287, which would raise attorney-fee caps in workers—ompensation cases to allow counsel for injured employees to recover up to a capped amount if carriers improperly deny care.
The bill—ame after testimony about an injured worker who waited 18 months for approval of surgery. Payton said the current cap prevented injured-workers ttorneys from being compensated in meaningful ways when they succeed in securing medically necessary care.
The measure drew opposition from Randy Zook, who said in testimony that the Arkansas workers—ompensation system is not broken and that raising attorney pay would increase litigation. Zook told the committee, "If you want more litigation, if you want more lawsuits filed, then pay the lawyers more." His group urged members to vote the bill down.
Payton closed by reminding the panel the new fee would apply only when a carrier improperly denied care and the injured worker prevailed; he moved to pass the bill. Committee members called for a roll call. The recorded roll call named several senators; the transcript shows Senators Leding, Penzo, Payton and Love voting yes and Senators Hill and Wallace voting no. The clerk reported four affirmative votes and the bill failed.
Because the committee did not advance SB287, no changes to attorney-fee caps were ordered by the committee.
