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Assistant managing attorney: board raised cost-bill cap to $3,500, will publish 2026 increase
Summary
Kathy Ostrand told MLAC the Workers' Compensation Board amended cost-bill procedures to increase the claimant recovery cap from $1,500 to $3,500 following House Bill 2799 (effective Jan. 1); the board will publish the 2026 increase by bulletin before July 1.
Kathy Ostrand, assistant managing attorney at the Workers' Compensation Board, briefed the Management–Labor Advisory Committee on four ongoing rulemaking activities and a five‑year rule review.
Ostrand said the board amended cost-bill procedures to raise the cap on recoverable claimant expenses. "The bill increased the cap from $1,500 to $3,500 with annual increases based on the state's average weekly wage," she said, adding both the bill and the rule were effective Jan. 1. She told the caucus the board will publish the 2026 increase by bulletin "before July 1."
Ostrand also described an advisory committee convened after a concept from the SAFE corporation and the trial lawyers association about cost-bill submission process and documentation; that committee met Dec. 5 and will meet again. The board has amended procedural rules to allow email notice of intended rulemaking in addition to paper mail and completed a five‑year review finding the bifurcation rule for attorney‑fee determinations remains needed on board review.
All materials and updates are available on the board's website, Ostrand said; she offered to take questions from caucus members.
