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STATE OF RHODE ISLAND
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IN GENERAL ASSEMBLY
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JANUARY SESSION, A.D. 2012
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____________
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A N A C T
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RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION
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BENEFITS
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Introduced By: Senators Ruggerio, P Fogarty, McCaffrey, Lanzi, and Doyle
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Date Introduced: January 24, 2012
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Referred To: Senate Labor
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It is enacted by the General Assembly as follows:
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1-1
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SECTION 1. Section 28-33-18.3 of the General Laws in Chapter 28-33 entitled
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1-2
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"Workers' Compensation - Benefits" is hereby repealed.
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1-3
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28-33-18.3. Continuation of benefits -- Partial incapacity. -- (a) (1) For all injuries
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1-4
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occurring on or after September 1, 1990, in those cases where the employee has received a notice
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1-5
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of intention to terminate partial incapacity benefits pursuant to section 28-33-18, the employee or
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1-6
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his or her duly authorized representative may file with the workers' compensation court a petition
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1-7
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for continuation of benefits on forms prescribed by the workers' compensation court. In any
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1-8
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proceeding before the workers' compensation court on a petition for continuation of partial
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1-9
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incapacity benefits, where the employee demonstrates by a fair preponderance of the evidence
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1-10
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that his or her partial incapacity poses a material hindrance to obtaining employment suitable to
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1-11
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his or her limitation, partial incapacity benefits shall continue. For injuries on and after July 1,
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1-12
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2010, "material hindrance" is defined to include only compensable injuries causing a greater than
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1-13
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sixty-five percent (65%) degree of functional impairment and/or disability. Any period of time for
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1-14
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which the employee has received benefits for total incapacity shall not be included in the
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1-15
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calculation of the three hundred and twelve (312) week period.
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1-16
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(2) The provisions of this subsection apply to all injuries from Sept. 1, 1990, to July 1,
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1-17
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2010.
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1-18
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(b) (1) Where any employee's incapacity is partial and has extended for more than three
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1-19
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hundred and twelve (312) weeks and the employee has proved an entitlement to continued
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2-1
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benefits under subsection (a) of this section, payments made to these incapacitated employees
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2-2
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shall be increased annually on the tenth (10th) day of May thereafter so long as the employee
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2-3
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remains incapacitated. The increase shall be by an amount equal to the total percentage increase
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2-4
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in the annual consumer price index, United States city average for urban wage earners and
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2-5
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clerical workers, as formulated and computed by the Bureau of Labor Statistics of the United
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2-6
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States Department of Labor for the period of March 1 to February 28 each year.
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2-7
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(2) "Index" as used in this section refers to the consumer price index, United States city
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2-8
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average for urban wage earners and clerical workers, as that index was formulated and computed
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by the Bureau of Labor Statistics of the United States Department of Labor.
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(3) The annual increase shall be based upon the percentage increase, if any, in the
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consumer price index for the month of a given year, over the index for February, the previous
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2-12
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year. Thereafter, increases shall be made on May 10 annually, based upon the percentage
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2-13
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increase, if any, in the consumer price index for the period of March 1 to February 28.
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2-14
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(4) The computations in this section shall be made by the director of labor and training
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2-15
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and promulgated to insurers and employers making payments required by this section. Increases
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2-16
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shall be paid by insurers and employers without further order of the court. If payment payable
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2-17
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under this section is not mailed within fourteen (14) days after the employer or insurer has been
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2-18
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notified by publication in a newspaper of general circulation in the state it becomes due, there
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shall be added to the unpaid payment an amount equal to twenty percent (20%) of it, to be paid at
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the same time as but in addition to the payment.
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2-21
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(5) This section applies only to payment of weekly indemnity benefits to employees as
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described in subdivision (1) of this subsection, and does not apply to specific compensation
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payments for loss of use or disfigurement or payment of dependency benefits or any other
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benefits payable under the Workers' Compensation Act.
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(c) No petitions for commutation shall be allowed or entertained in those cases where an
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employee is receiving benefits pursuant to this section.
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SECTION 2. This act shall take effect upon passage and shall apply retroactively
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2-28
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regardless of the date of injury.
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=======
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LC00169
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========
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EXPLANATION
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BY THE LEGISLATIVE COUNCIL
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OF
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A N A C T
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RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION
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BENEFITS
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***
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3-1
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This act would repeal the section of the Rhode Island General Laws relating to
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continuation of workers' compensation benefits for partial incapacity.
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3-3
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This act would take effect upon passage and would apply retroactively regardless of the
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3-4
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date of injury.
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=======
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LC00169
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