Sec 23-1103. Impact of presumptions; liability  


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  • A. The report shall include all of the following:

    1. Scientific evidence that shows the extent to which:

    (a) Peer reviewed scientific studies exist that document a causal relationship that a specific disease or condition has been demonstrated to have arisen out of employment.

    (b) The centers for disease control and prevention have determined that a disease or condition is acquired or transmitted.

    (c) Alternative exposure patterns exist for acquiring or transmitting a disease or condition other than occupational.

    2. Financial information to indicate the extent to which:

    (a) The mandate may cause an employer or insurance carrier to pay a workers' compensation claim for a nonwork related disease or condition.

    (b) The mandate may increase costs to self-insured employers or premiums charged by insurance carriers.

    3. An explanation of why existing compensability methods are inadequate to accurately determine if a disease or condition is acquired or transmitted in the course of employment.

    B. The report shall address the specific language of the legislative proposal.

    C. A person that does not submit a report as prescribed in this article is not subject to any civil sanction or criminal penalty.