HB0168

Prohibits requesting worker's compensation experience ratings for employment safety record determinations and amends procedures for experience rating chargeability determinations.

• Defines 'experience rating' as a rating procedure used to set worker's compensation premiums based on an employer's past claims experience, and specifies that experience ratings shall not be considered a reflection of an employer's safety record. (W.S. 27-14-208(a))
• Prohibits requesting a person's experience rating to determine their employment safety record, except for litigation purposes and division operations. (W.S. 27-14-208(b)(i))
• Prohibits requesting experience ratings for any construction project in Wyoming to obtain the safety record of contractors or suppliers, regardless of whether they are domiciled in the state. (W.S. 27-14-208(b)(ii))
• Requires the division to make a chargeability determination within 15 days of injury report filing or within 45 days after requesting additional information, with the determination reviewable through established procedures. (W.S. 27-14-201(w))
• Allows employers to apply for redetermination of chargeability up to one year after the original determination if new information becomes available showing a third party primarily caused the injury, provided no hearing request was filed within 15 days. (W.S. 27-14-201(w))
• Specifies that chargeability determinations regarding injury causation may only be used for ratemaking purposes and are not admissible in civil litigation. (W.S. 27-14-201(w))
• Provides that the act does not impair contracts or agreements involving experience ratings entered into before July 1, 2026. (Section 3)

Effective: July 1, 2026

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