A Bismarck woman's testimony could help up to 40 people whose Workforce Safety & Insurance payments have dropped to almost nothing because of a loophole in state law.

Florence Haux, 66, was the first person to testify in front of the Worker's Compensation Review Committee, which was created by the 2005 Legislature as a way for unhappy workers to advocate for changes in the law.

Beginning Jan. 1, the disability benefits she has been receiving from Workforce Safety and Insurance since she was declared permanently and totally disabled in 2003, dropped from $234 to $23 a week because she had turned 65. However, if she had not gone back to work after being injured in 1991, she would still be able to collect the full amount of disability payments for several more years if she had been deemed totally and permanently disabled at that time.

"I can't fill my car up with gas on that," Haux said.

Sandy Blunt, director of WSI, said they have tried everything they could to help her, but they determined that the law would have to be changed for WSI to be able to do anything.

WSI's legislative committee voted 4-0 on Monday for attorneys to draft a bill that would help Haux and others with similar situations.

Blunt said the proposal for the bill is a direct result of the hearing Haux testified at.

"These are good people who tried to do good things and they were caught in the middle," Blunt said.

Haux remains skeptical that anything will come out of her testimony.

If the bill is eventually introduced in the 2007 Legislature, which begins in January, it would have to go through multiple hearings and be approved by the House and Senate before it goes to the governor for his signature.

"I'm not going to hold my breath," Haux said.

That bill is just one that WSI's legislative committee approved for draft on Monday.

WSI also will draft a bill to allow the agency to disclose which companies are delinquent in paying their insurance premiums to WSI.

Blunt said current law doesn't allow WSI to disclose who is delinquent on their premiums. He said there are not a lot of cases of delinquent businesses, but the ones that are can hide that fact.

Committee members were open to the idea because they were worried a general contractor might not know if a subcontractor has paid its premiums.

"Those who are not paying us, if you are doing business with them, we think it is fair for you to know," Blunt said.

Committee member Nancy Slotten said there should be a way for people to look on the Internet to find which employees are delinquent.

WSI also will work on bills to improve death and burial benefits for those who have been injured on the job.

One bill would provide up to $125,000 for dependent survivors of workers who die six years or more after being part of a catastrophic accident. Currently, WSI will pay a settlement to a dependent if the death occurs within six years and was the result of the injury.

The committee also wants a draft bill that would provide burial expenses for some claimants.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com.)