I 

111TH CONGRESS 

1ST SESSION H. R. 2975 

To improve the medical care by reducing the excessive burden imposed by 

the civil liability system on the health care delivery system. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2009 

Mr. CAMPBELL introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the medical care by reducing the excessive burden 

imposed by the civil liability system on the health care 

delivery system. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medical Practice Pro5 tection Act of 2009’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.— 


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1 (1) EFFECT ON HEALTH CARE ACCESS AND

2 COSTS.—Congress finds that our current civil justice 

3 system is adversely affecting patient access to health 

4 care services, better patient care, and cost-efficient 

5 health care, in that the health care liability system 

6 is a costly and ineffective mechanism for resolving 

7 claims of health care liability and compensating in8 jured patients, and is a deterrent to the sharing of 

9 information among health care professionals which 

10 impedes efforts to improve patient safety and quality 

11 of care. 

12 (2) EFFECT ON INTERSTATE COMMERCE.— 

13 Congress finds that the health care and insurance 

14 industries are industries affecting interstate com15 merce and the health care liability litigation systems 

16 existing throughout the United States are activities 

17 that affect interstate commerce by contributing to 

18 the high costs of health care and premiums for 

19 health care liability insurance purchased by health 

20 care system providers. 

21 (3) EFFECT ON FEDERAL SPENDING.—Con22 gress finds that the health care liability litigation 

23 systems existing throughout the United States have 

24 a significant effect on the amount, distribution, and 

25 use of Federal funds because of— 


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1 (A) the large number of individuals who 

2 receive health care benefits under programs op3 erated or financed by the Federal Government; 

4 (B) the large number of individuals who 

5 benefit because of the exclusion from Federal 

6 taxes of the amounts spent to provide them 

7 with health insurance benefits; and 

8 (C) the large number of health care pro9 viders who provide items or services for which 

10 the Federal Government makes payments. 

11 (b) PURPOSE.—It is the purpose of this Act to imple12 ment reasonable, comprehensive, and effective health care 

13 liability reforms designed to— 

14 (1) improve the availability of health care serv15 ices in cases in which health care liability actions 

16 have been shown to be a factor in the decreased 

17 availability of services; 

18 (2) reduce the incidence of ‘‘defensive medi19 cine’’ and lower the cost of health care liability in20 surance, all of which contribute to the escalation of 

21 health care costs; 

22 (3) ensure that persons with meritorious health 

23 care injury claims receive fair and adequate com24 pensation, including reasonable noneconomic dam25 ages; 


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1 (4) improve the fairness and cost-effectiveness 

2 of our current health care liability system to resolve 

3 disputes over, and provide compensation for, health 

4 care liability by reducing uncertainty in the amount 

5 of compensation provided to injured individuals; and 

6 (5) provide an increased sharing of information 

7 in the health care system which will reduce unin8 tended injury and improve patient care. 

9 SEC. 3. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS. 

10 The time for the commencement of a health care law11 suit shall be 3 years after the date of manifestation of 

12 injury or 1 year after the claimant discovers, or through 

13 the use of reasonable diligence should have discovered, the 

14 injury, whichever occurs first. In no event shall the time 

15 for commencement of a health care lawsuit exceed 3 years 

16 after the date of manifestation of injury unless tolled for 

17 any of the following— 

18 (1) upon proof of fraud; 

19 (2) intentional concealment; or 

20 (3) the presence of a foreign body, which has no 

21 therapeutic or diagnostic purpose or effect, in the 

22 person of the injured person. 

23 Actions by a minor shall be commenced within 3 years 

24 from the date of the alleged manifestation of injury except 

25 that actions by a minor under the full age of 6 years shall 


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1 be commenced within 3 years of manifestation of injury 

2 or prior to the minor’s 8th birthday, whichever provides 

3 a longer period. Such time limitation shall be tolled for 

4 minors for any period during which a parent or guardian 

5 and a health care provider or health care institution have 

6 committed fraud or collusion in the failure to bring an 

7 action on behalf of the injured minor. 

8 SEC. 4. COMPENSATING PATIENT INJURY. 

9 (a) UNLIMITED AMOUNT OF DAMAGES FOR ACTUAL

10 ECONOMIC LOSSES IN HEALTH CARE LAWSUITS.—In any 

11 health care lawsuit, nothing in this Act shall limit a claim12 ant’s recovery of the full amount of the available economic 

13 damages, notwithstanding the limitation in subsection (b). 

14 (b) ADDITIONAL NONECONOMIC DAMAGES.—In any 

15 health care lawsuit, the amount of noneconomic damages, 

16 if available, may be as much as $250,000, regardless of 

17 the number of parties against whom the action is brought 

18 or the number of separate claims or actions brought with 

19 respect to the same injury. 

20 (c) NO DISCOUNT OF AWARD FOR NONECONOMIC

21 DAMAGES.—For purposes of applying the limitation in 

22 subsection (b), future noneconomic damages shall not be 

23 discounted to present value. The jury shall not be in24 formed about the maximum award for noneconomic dam25 ages. An award for noneconomic damages in excess of 


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1 $250,000 shall be reduced either before the entry of judg2 ment, or by amendment of the judgment after entry of 

3 judgment, and such reduction shall be made before ac4 counting for any other reduction in damages required by 

5 law. If separate awards are rendered for past and future 

6 noneconomic damages and the combined awards exceed 

7 $250,000, the future noneconomic damages shall be re8 duced first. 

9 (d) FAIR SHARE RULE.—In any health care lawsuit, 

10 each party shall be liable for that party’s several share 

11 of any damages only and not for the share of any other 

12 person. Each party shall be liable only for the amount of 

13 damages allocated to such party in direct proportion to 

14 such party’s percentage of responsibility. Whenever a 

15 judgment of liability is rendered as to any party, a sepa16 rate judgment shall be rendered against each such party 

17 for the amount allocated to such party. For purposes of 

18 this section, the trier of fact shall determine the propor19 tion of responsibility of each party for the claimant’s 

20 harm. 

21 SEC. 5. MAXIMIZING PATIENT RECOVERY. 

22 (a) COURT SUPERVISION OF SHARE OF DAMAGES

23 ACTUALLY PAID TO CLAIMANTS.—In any health care law24 suit, the court shall supervise the arrangements for pay25 ment of damages to protect against conflicts of interest 


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1 that may have the effect of reducing the amount of dam2 ages awarded that are actually paid to claimants. In par3 ticular, in any health care lawsuit in which the attorney 

4 for a party claims a financial stake in the outcome by vir5 tue of a contingent fee, the court shall have the power 

6 to restrict the payment of a claimant’s damage recovery 

7 to such attorney, and to redirect such damages to the 

8 claimant based upon the interests of justice and principles 

9 of equity. In no event shall the total of all contingent fees 

10 for representing all claimants in a health care lawsuit ex11 ceed the following limits: 

12 (1) 40 percent of the first $50,000 recovered by 

13 the claimant(s). 

(2) 331 14 ⁄3 percent of the next $50,000 recovered 

15 by the claimant(s). 

16 (3) 25 percent of the next $500,000 recovered 

17 by the claimant(s). 

18 (4) 15 percent of any amount by which the re19 covery by the claimant(s) is in excess of $600,000. 

20 (b) APPLICABILITY.—The limitations in this section 

21 shall apply whether the recovery is by judgment, settle22 ment, mediation, arbitration, or any other form of alter23 native dispute resolution. In a health care lawsuit involv24 ing a minor or incompetent person, a court retains the 

25 authority to authorize or approve a fee that is less than 


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1 the maximum permitted under this section. The require2 ment for court supervision in the first two sentences of 

3 subsection (a) applies only in civil actions. 

4 SEC. 6. ADDITIONAL HEALTH BENEFITS. 

5 In any health care lawsuit involving injury or wrong6 ful death, any party may introduce evidence of collateral 

7 source benefits. If a party elects to introduce such evi8 dence, any opposing party may introduce evidence of any 

9 amount paid or contributed or reasonably likely to be paid 

10 or contributed in the future by or on behalf of the oppos11 ing party to secure the right to such collateral source bene12 fits. No provider of collateral source benefits shall recover 

13 any amount against the claimant or receive any lien or 

14 credit against the claimant’s recovery or be equitably or 

15 legally subrogated to the right of the claimant in a health 

16 care lawsuit involving injury or wrongful death. This sec17 tion shall apply to any health care lawsuit that is settled 

18 as well as a health care lawsuit that is resolved by a fact 

19 finder. This section shall not apply to section 1862(b) (42 

20 U.S.C. 1395y(b)) or section 1902(a)(25) (42 U.S.C. 

21 1396a(a)(25)) of the Social Security Act. 

22 SEC. 7. PUNITIVE DAMAGES. 

23 (a) IN GENERAL.—Punitive damages may, if other24 wise permitted by applicable State or Federal law, be 

25 awarded against any person in a health care lawsuit only 


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1 if it is proven by clear and convincing evidence that such 

2 person acted with malicious intent to injure the claimant, 

3 or that such person deliberately failed to avoid unneces4 sary injury that such person knew the claimant was sub5 stantially certain to suffer. In any health care lawsuit 

6 where no judgment for compensatory damages is rendered 

7 against such person, no punitive damages may be awarded 

8 with respect to the claim in such lawsuit. No demand for 

9 punitive damages shall be included in a health care lawsuit 

10 as initially filed. A court may allow a claimant to file an 

11 amended pleading for punitive damages only upon a mo12 tion by the claimant and after a finding by the court, upon 

13 review of supporting and opposing affidavits or after a 

14 hearing, after weighing the evidence, that the claimant has 

15 established by a substantial probability that the claimant 

16 will prevail on the claim for punitive damages. At the re17 quest of any party in a health care lawsuit, the trier of 

18 fact shall consider in a separate proceeding— 

19 (1) whether punitive damages are to be award20 ed and the amount of such award; and 

21 (2) the amount of punitive damages following a 

22 determination of punitive liability. 

23 If a separate proceeding is requested, evidence relevant 

24 only to the claim for punitive damages, as determined by 

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1 ceeding to determine whether compensatory damages are 

2 to be awarded. 

3 (b) DETERMINING AMOUNT OF PUNITIVE DAM4 AGES.— 

5 (1) FACTORS CONSIDERED.—In determining 

6 the amount of punitive damages, if awarded, in a 

7 health care lawsuit, the trier of fact shall consider 

8 only the following— 

9 (A) the severity of the harm caused by the 

10 conduct of such party; 

11 (B) the duration of the conduct or any 

12 concealment of it by such party; 

13 (C) the profitability of the conduct to such 

14 party; 

15 (D) the number of products sold or med16 ical procedures rendered for compensation, as 

17 the case may be, by such party, of the kind 

18 causing the harm complained of by the claim19 ant; 

20 (E) any criminal penalties imposed on such 

21 party, as a result of the conduct complained of 

22 by the claimant; and 

23 (F) the amount of any civil fines assessed 

24 against such party as a result of the conduct 

25 complained of by the claimant. 


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1 SEC. 8. AUTHORIZATION OF PAYMENT OF FUTURE DAM2 AGES TO CLAIMANTS IN HEALTH CARE LAW3 SUITS. 

4 (a) IN GENERAL.—In any health care lawsuit, if an 

5 award of future damages, without reduction to present 

6 value, equaling or exceeding $50,000 is made against a 

7 party with sufficient insurance or other assets to fund a 

8 periodic payment of such a judgment, the court shall, at 

9 the request of any party, enter a judgment ordering that 

10 the future damages be paid by periodic payments in ac11 cordance with the Uniform Periodic Payment of Judg12 ments Act promulgated by the National Conference of 

13 Commissioners on Uniform State Laws. 

14 (b) APPLICABILITY.—This section applies to all ac15 tions which have not been first set for trial or retrial be16 fore the effective date of this Act. 

17 SEC. 9. DEFINITIONS. 

18 In this Act: 

19 (1) ALTERNATIVE DISPUTE RESOLUTION SYS20 TEM; ADR.—The term ‘‘alternative dispute resolution 

21 system’’ or ‘‘ADR’’ means a system that provides 

22 for the resolution of health care lawsuits in a man23 ner other than through a civil action brought in a 

24 State or Federal court. 

25 (2) CLAIMANT.—The term ‘‘claimant’’ means 

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1 ing a person who asserts or claims a right to legal 

2 or equitable contribution, indemnity or subrogation, 

3 arising out of a health care liability claim or action, 

4 and any person on whose behalf such a claim is as5 serted or such an action is brought, whether de6 ceased, incompetent, or a minor. 

7 (3) COLLATERAL SOURCE BENEFITS.—The 

8 term ‘‘collateral source benefits’’ means any amount 

9 paid or reasonably likely to be paid in the future to 

10 or on behalf of the claimant, or any service, product 

11 or other benefit provided or reasonably likely to be 

12 provided in the future to or on behalf of the claim13 ant, as a result of the injury or wrongful death, pur14 suant to— 

15 (A) any State or Federal health, sickness, 

16 income-disability, accident, or workers’ com17 pensation law; 

18 (B) any health, sickness, income-disability, 

19 or accident insurance that provides health bene20 fits or income-disability coverage; 

21 (C) any contract or agreement of any 

22 group, organization, partnership, or corporation 

23 to provide, pay for, or reimburse the cost of 

24 medical, hospital, dental, or income disability 

25 benefits; and 


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1 (D) any other publicly or privately funded 

2 program. 

3 (4) COMPENSATORY DAMAGES.—The term 

4 ‘‘compensatory damages’’ means objectively verifi5 able monetary losses incurred as a result of the pro6 vision of, use of, or payment for (or failure to pro7 vide, use, or pay for) health care services or medical 

8 products, such as past and future medical expenses, 

9 loss of past and future earnings, cost of obtaining 

10 domestic services, loss of employment, and loss of 

11 business or employment opportunities, damages for 

12 physical and emotional pain, suffering, inconven13 ience, physical impairment, mental anguish, dis14 figurement, loss of enjoyment of life, loss of society 

15 and companionship, loss of consortium (other than 

16 loss of domestic service), hedonic damages, injury to 

17 reputation, and all other nonpecuniary losses of any 

18 kind or nature. The term ‘‘compensatory damages’’ 

19 includes economic damages and noneconomic dam20 ages, as such terms are defined in this section. 

21 (5) CONTINGENT FEE.—The term ‘‘contingent 

22 fee’’ includes all compensation to any person or per23 sons which is payable only if a recovery is effected 

24 on behalf of one or more claimants. 


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1 (6) ECONOMIC DAMAGES.—The term ‘‘economic 

2 damages’’ means objectively verifiable monetary 

3 losses incurred as a result of the provision of, use 

4 of, or payment for (or failure to provide, use, or pay 

5 for) health care services or medical products, such as 

6 past and future medical expenses, loss of past and 

7 future earnings, cost of obtaining domestic services, 

8 loss of employment, and loss of business or employ9 ment opportunities. 

10 (7) HEALTH CARE INSTITUTION.—The term 

11 ‘‘health care institution’’ means any entity licensed 

12 under Federal or State law to provide health care 

13 services (including but not limited to ambulatory 

14 surgical centers, assisted living facilities, emergency 

15 medical services providers, hospices, hospitals and 

16 hospital systems, nursing homes, or other entities li17 censed to provide such services). 

18 (8) HEALTH CARE LAWSUIT.—The term 

19 ‘‘health care lawsuit’’ means any health care liability 

20 claim concerning the provision of health care goods 

21 or services or any medical product affecting inter22 state commerce, or any health care liability action 

23 concerning the provision of health care goods or 

24 services or any medical product affecting interstate 

25 commerce, brought in a State or Federal court or 


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1 pursuant to an alternative dispute resolution system, 

2 against a health care provider or a health care insti3 tution, regardless of the theory of liability on which 

4 the claim is based, or the number of claimants, 

5 plaintiffs, defendants, or other parties, or the num6 ber of claims or causes of action, in which the claim7 ant alleges a health care liability claim. Such term 

8 does not include a claim or action which is based on 

9 criminal liability; which seeks civil fines or penalties 

10 paid to Federal, State, or local government; or which 

11 is grounded in antitrust. 

12 (9) HEALTH CARE LIABILITY ACTION.—The 

13 term ‘‘health care liability action’’ means a civil ac14 tion brought in a State or Federal Court or pursu15 ant to an alternative dispute resolution system, 

16 against a health care provider or a health care insti17 tution, regardless of the theory of liability on which 

18 the claim is based, or the number of plaintiffs, de19 fendants, or other parties, or the number of causes 

20 of action, in which the claimant alleges a health care 

21 liability claim. 

22 (10) HEALTH CARE LIABILITY CLAIM.—The 

23 term ‘‘health care liability claim’’ means a demand 

24 by any person, whether or not pursuant to ADR, 

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1 tion, including, but not limited to, third-party 

2 claims, cross-claims, counter-claims, or contribution 

3 claims, which are based upon the provision of, use 

4 of, or payment for (or the failure to provide, use, or 

5 pay for) health care services or medical products, re6 gardless of the theory of liability on which the claim 

7 is based, or the number of plaintiffs, defendants, or 

8 other parties, or the number of causes of action. 

9 (11) HEALTH CARE PROVIDER.— 

10 (A) IN GENERAL.—The term ‘‘health care 

11 provider’’ means any person (including but not 

12 limited to a physician (as defined by section 

13 1861(r) of the Social Security Act (42 U.S.C. 

14 1395x(r)), registered nurse, dentist, podiatrist, 

15 pharmacist, chiropractor, or optometrist) re16 quired by State or Federal law to be licensed, 

17 registered, or certified to provide health care 

18 services, and being either so licensed, reg19 istered, or certified, or exempted from such re20 quirement by other statute or regulation. 

21 (B) TREATMENT OF CERTAIN PROFES22 SIONAL ASSOCIATIONS.—For purposes of this 

23 Act, a professional association that is organized 

24 under State law by an individual physician or 

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1 ability partnership formed by a group of physi2 cians, a nonprofit health corporation certified 

3 under State law, or a company formed by a 

4 group of physicians under State law shall be 

5 treated as a health care provider under sub6 paragraph (A). 

7 (12) HEALTH CARE GOODS OR SERVICES.—The 

8 term ‘‘health care goods or services’’ means any 

9 goods or services provided by a health care institu10 tion, a health care provider, or by any individual 

11 working under the supervision of a health care pro12 vider, that relates to the diagnosis, prevention, or 

13 treatment of any human disease or impairment, or 

14 the assessment or care of the health of human 

15 beings. 

16 (13) MALICIOUS INTENT TO INJURE.—The 

17 term ‘‘malicious intent to injure’’ means inten18 tionally causing or attempting to cause physical in19 jury other than providing health care goods or serv20 ices. 

21 (14) MEDICAL PRODUCT.—The term ‘‘medical 

22 product’’ means a drug, device, or biological product 

23 intended for humans, and the terms ‘‘drug’’, ‘‘de24 vice’’, and ‘‘biological product’’ have the meanings 

25 given such terms in sections 201(g)(1) and 201(h) 


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1 of the Federal Food, Drug and Cosmetic Act (21 

2 U.S.C. 321) and section 351(a) of the Public Health 

3 Service Act (42 U.S.C. 262(a)), respectively, includ4 ing any component or raw material used therein, but 

5 excluding health care services. 

6 (15) NONECONOMIC DAMAGES.—The term 

7 ‘‘noneconomic damages’’ means damages for phys8 ical and emotional pain, suffering, inconvenience, 

9 physical impairment, mental anguish, disfigurement, 

10 loss of enjoyment of life, loss of society and compan11 ionship, loss of consortium (other than loss of do12 mestic service), hedonic damages, injury to reputa13 tion, and all other nonpecuniary losses of any kind 

14 or nature. 

15 (16) PUNITIVE DAMAGES.—The term ‘‘punitive 

16 damages’’ means damages awarded, for the purpose 

17 of punishment or deterrence, and not solely for com18 pensatory purposes, against a health care provider 

19 or health care institution. Punitive damages are nei20 ther economic nor noneconomic damages. 

21 (17) RECOVERY.—The term ‘‘recovery’’ means 

22 the net sum recovered after deducting any disburse23 ments or costs incurred in connection with prosecu24 tion or settlement of the claim, including all costs 

25 paid or advanced by any person. Costs of health care 


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1 incurred by the plaintiff and the attorney’s office 

2 overhead costs or charges for legal services are not 

3 deductible disbursements or costs for such purpose. 

4 (18) STATE.—The term ‘‘State’’ means each of 

5 the several States, the District of Columbia, the 

6 Commonwealth of Puerto Rico, the Virgin Islands, 

7 Guam, American Samoa, the Northern Mariana Is8 lands, the Trust Territory of the Pacific Islands, and 

9 any other territory or possession of the United 

10 States, or any political subdivision thereof. 

11 SEC. 10. EFFECT ON OTHER LAWS. 

12 (a) VACCINE INJURY.— 

13 (1) To the extent that title XXI of the Public 

14 Health Service Act establishes a Federal rule of law 

15 applicable to a civil action brought for a vaccine-re16 lated injury or death— 

17 (A) this Act does not affect the application 

18 of the rule of law to such an action; and 

19 (B) any rule of law prescribed by this Act 

20 in conflict with a rule of law of such title XXI 

21 shall not apply to such action. 

22 (2) If there is an aspect of a civil action 

23 brought for a vaccine-related injury or death to 

24 which a Federal rule of law under title XXI of the 

25 Public Health Service Act does not apply, then this 


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1 Act or otherwise applicable law (as determined 

2 under this Act) will apply to such aspect of such ac3 tion. 

4 (b) OTHER FEDERAL LAW.—Except as provided in 

5 this section, nothing in this Act shall be deemed to affect 

6 any defense available to a defendant in a health care law7 suit or action under any other provision of Federal law. 

8 SEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES’ 

9 RIGHTS. 

10 (a) HEALTH CARE LAWSUITS.—The provisions gov11 erning health care lawsuits set forth in this Act preempt, 

12 subject to subsections (b) and (c), State law to the extent 

13 that State law prevents the application of any provisions 

14 of law established by or under this Act. The provisions 

15 governing health care lawsuits set forth in this Act super16 sede chapter 171 of title 28, United States Code, to the 

17 extent that such chapter— 

18 (1) provides for a greater amount of damages 

19 or contingent fees, a longer period in which a health 

20 care lawsuit may be commenced, or a reduced appli21 cability or scope of periodic payment of future dam22 ages, than provided in this Act; or 

23 (2) prohibits the introduction of evidence re24 garding collateral source benefits, or mandates or 


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1 permits subrogation or a lien on collateral source 

2 benefits. 

3 (b) PREEMPTION OF CERTAIN STATE LAWS.—The 

4 provisions of this Act shall preempt any constitutional pro5 vision, statute, or rule of State law, whether enacted prior 

6 to, on, or after the date of enactment of this Act, that— 

7 (1) prohibits the application of any limitation 

8 on the amount of compensatory, punitive, or total 

9 damages in a health care lawsuit; or 

10 (2) provides for a greater amount of compen11 satory, punitive, or total damages in a health care 

12 lawsuit than those provided for under this Act. 

13 (c) PROTECTION OF STATE’S RIGHTS AND OTHER

14 LAWS.— 

15 (1) IN GENERAL.—Any issue that is not gov16 erned by a provision of law established by or under 

17 this Act (including the State standards of neg18 ligence) shall be governed by otherwise applicable 

19 Federal or State law. 

20 (2) RULE OF CONSTRUCTION.—Nothing in this 

21 Act shall be construed to— 

22 (A) preempt or supersede any Federal or 

23 State law that imposes greater procedural or 

24 substantive protections (such as a shorter stat25 ute of limitations) for a health care provider or 


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1 health care institution from liability, loss, or 

2 damages than those provided by this Act; 

3 (B) create a cause of action that is not 

4 otherwise available under Federal or State law; 

5 or 

6 (C) affect the scope of preemption of any 

7 other Federal law. 

8 SEC. 12. APPLICABILITY; EFFECTIVE DATE. 

9 This Act shall apply to any health care lawsuit 

10 brought in a Federal or State court, or subject to an alter11 native dispute resolution system, that is initiated on or 

12 after the date of the enactment of this Act, except that 

13 any health care lawsuit arising from an injury occurring 

14 prior to the date of the enactment of this Act shall be 

15 governed by the applicable statute of limitations provisions 

16 in effect at the time the injury occurred. 

Æ 


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