2015 -- H 5474 | |
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LC001359 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION-- | |
GENERAL PROVISIONS | |
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Introduced By: Representatives Shekarchi, Lombardi, Costa, Nunes, and Craven | |
Date Introduced: February 12, 2015 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 5-75-9 of the General Laws in Chapter 5-75 entitled "Professional |
2 | Employer Organizations Act of 2004" is hereby amended to read as follows: |
3 | 5-75-9. Workers' compensation. -- (a) The responsibility to obtain workers' |
4 | compensation coverage for covered employees, from a carrier licensed to do business in this state |
5 | and otherwise in compliance with all applicable requirements, shall be specifically allocated in |
6 | the professional employer agreement to either the client or the PEO. If such responsibility is |
7 | allocated to the PEO under any such agreement, such agreement shall require that the PEO |
8 | maintain and provide to client, at the termination of the agreement if requested by the client, |
9 | records regarding the loss experience related to workers' compensation insurance provided to |
10 | covered employees pursuant to such agreement. A certificate of insurance as proof of workers' |
11 | compensation coverage shall be issued to the client if the PEO is to provide coverage or to the |
12 | PEO if the client is to provide coverage with notification of cancellation to be issued immediately |
13 | to either entity. In the case of cancellation, the other entity must immediately obtain coverage. |
14 | (b) Workers' compensation. - Except as is otherwise provided in chapters 29 through 38 |
15 | of title 28 for "temporary employees" provided to the client, and as to the furnishing of |
16 | "temporary help services" as defined in this chapter, both Both client and the PEO shall be |
17 | considered the employer for the purpose of coverage under the workers' compensation act and |
18 | both the PEO and its client shall be entitled to protection of the exclusive remedy provision of the |
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1 | workers' compensation act irrespective of which co-employer obtains such workers' |
2 | compensation coverage. |
3 | SECTION 2. Sections 28-29-2 and 28-29-6.1 of the General Laws in Chapter 28-29 |
4 | entitled "Workers' Compensation - General Provisions" are hereby amended to read as follows: |
5 | 28-29-2. Definitions. -- In chapters 29 -- 38 of this title, unless the context otherwise |
6 | requires: |
7 | (1) "Department" means the department of labor and training. |
8 | (2) "Director" means the director of labor and training or his or her designee unless |
9 | specifically stated otherwise. |
10 | (3) (i) "Earnings capacity" means the weekly straight time earnings which an employee |
11 | could receive if the employee accepted an actual offer of suitable alternative employment. |
12 | Earnings capacity can also be established by the court based on evidence of ability to earn, |
13 | including, but not limited to, a determination of the degree of functional impairment and/or |
14 | disability, that an employee is capable of employment. The court may, in its discretion, take into |
15 | consideration the performance of the employee's duty to actively seek employment in scheduling |
16 | the implementation of the reduction. The employer need not identify particular employment |
17 | before the court can direct an earnings capacity adjustment. In the event that an employee returns |
18 | to light duty employment while partially disabled, an earnings capacity shall not be set based |
19 | upon actual wages earned until the employee has successfully worked at light duty for a period of |
20 | at least thirteen (13) weeks. |
21 | (ii) As used under the provisions of this title, "functional impairment" means an |
22 | anatomical or functional abnormality existing after the date of maximum medical improvement as |
23 | determined by a medically or scientifically demonstrable finding and based upon the Sixth (6th) |
24 | edition of the American Medical Association's Guide to the Evaluation of Permanent Impairment |
25 | or comparable publications of the American Medical Association. |
26 | (iii) In the event that an employee returns to employment at an average weekly wage |
27 | equal to the employee's pre-injury earnings exclusive of overtime, the employee will be presumed |
28 | to have regained his/her earning capacity. |
29 | (4) "Employee" means any person who has entered into the employment of or works |
30 | under contract of service or apprenticeship with any employer, except that in the case of a city or |
31 | town other than the city of Providence it shall only mean that class or those classes of employees |
32 | as may be designated by a city, town, or regional school district in a manner provided in this |
33 | chapter to receive compensation under chapters 29 -- 38 of this title. Any person employed by the |
34 | state of Rhode Island, except for sworn employees of the Rhode Island State Police, or by the |
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1 | Rhode Island Airport Corporation who is otherwise entitled to the benefits of chapter 19 of title |
2 | 45 shall be subject to the provisions of chapters 29 -- 38 of this title for all case management |
3 | procedures and dispute resolution for all benefits. The term "employee" does not include any |
4 | individual who is a shareholder or director in a corporation, general or limited partners in a |
5 | general partnership, a registered limited liability partnership, a limited partnership, or partners in |
6 | a registered limited liability limited partnership, or any individual who is a member in a limited |
7 | liability company. These exclusions do not apply to shareholders, directors and members who |
8 | have entered into the employment of or who work under a contract of service or apprenticeship |
9 | within a corporation or a limited liability company. The term "employee" also does not include a |
10 | sole proprietor, independent contractor, or a person whose employment is of a casual nature, and |
11 | who is employed other than for the purpose of the employer's trade or business, or a person |
12 | whose services are voluntary or who performs charitable acts, nor shall it include the members of |
13 | the regularly organized fire and police departments of any town or city except for appeals from an |
14 | order of the retirement board filed pursuant to the provisions of Rhode Island general law § 45- |
15 | 21.2-9; provided, however, that it shall include the members of the police and aircraft rescue and |
16 | firefighting (ARFF) units of the Rhode Island Airport Corporation. Whenever a contractor has |
17 | contracted with the state, a city, town, or regional school district any person employed by that |
18 | contractor in work under contract shall not be deemed an employee of the state, city, town, or |
19 | regional school district as the case may be. Any person who on or after January 1, 1999, was an |
20 | employee and became a corporate officer shall remain an employee, for purposes of these |
21 | chapters, unless and until coverage under this act is waived pursuant to subsection 28-29-8(b) or § |
22 | 28-29-17. Any person who is appointed a corporate officer between January 1, 1999 and |
23 | December 31, 2001, and was not previously an employee of the corporation, will not be |
24 | considered an employee, for purposes of these chapters, unless that corporate officer has filed a |
25 | notice pursuant to subsection 28-29-19(b). In the case of a person whose services are voluntary or |
26 | who performs charitable acts, any benefit received, in the form of monetary remuneration or |
27 | otherwise, shall be reportable to the appropriate taxation authority but shall not be deemed to be |
28 | wages earned under contract of hire for purposes of qualifying for benefits under chapters 29 -- |
29 | 38 of this title. Any reference to an employee who had been injured shall, where the employee is |
30 | dead, include a reference to his or her dependents as defined in this section, or to his or her legal |
31 | representatives, or, where he or she is a minor or incompetent, to his or her conservator or |
32 | guardian. A "seasonal occupation" means those occupations in which work is performed on a |
33 | seasonal basis of not more than sixteen (16) weeks. |
34 | (5) "Employer" includes any person, partnership, corporation, or voluntary association, |
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1 | and the legal representative of a deceased employer; it includes the state, and the city of |
2 | Providence. It also includes each city, town, and regional school district in the state that votes or |
3 | accepts the provisions of chapters 29 -- 38 of this title in the manner provided in this chapter or is |
4 | a party to an appeal from an order of the retirement board filed pursuant to the provisions of |
5 | Rhode Island general law § 45-21.2-9. |
6 | (6) "General or special employer": |
7 | (i) "General employer" includes but is not limited to temporary help companies and |
8 | employee leasing companies and means a person who for consideration and as the regular course |
9 | of its business supplies an employee with or without vehicle to another person. |
10 | (ii) "Special employer" means a person who contracts for services with a general |
11 | employer for the use of an employee, a vehicle, or both. |
12 | (iii) Whenever there is a general employer and special employer wherein the general |
13 | employer supplies to the special employer an employee and the general employer pays or is |
14 | obligated to pay the wages or salaries of the supplied employee, then, notwithstanding the fact |
15 | that direction and control is in the special employer and not the general employer, the general |
16 | employer, if it is subject to the provisions of the Workers' Compensation Act or has accepted that |
17 | Act, shall be deemed to be the employer as set forth in subdivision (5) of this section and both the |
18 | general and special employer shall be the employer for purposes of §§ 28-29-17 and 28-29-18. |
19 | However, for injuries occurring on or after July 1, 2015, excepting injuries where the special |
20 | employer is making payment of workers' compensation benefits directly to the injured temporary |
21 | employee pursuant to § 28-29-2(6)(iv) herein, if the special employer has acted or failed to act |
22 | with reckless disregard for the safety of a temporary employee as defined in § 28-29-2(13) herein, |
23 | and such reckless disregard for the safety of the temporary employee was a proximate cause of |
24 | said temporary employee's injury, the special employer only in such event, shall not be deemed |
25 | the employer for purposes of § 28-09-30. |
26 | (iv) Effective January 1, 2003, whenever a general employer enters into a contract or |
27 | arrangement with a special employer to supply an employee or employees for work, the special |
28 | employer shall require an insurer generated insurance coverage certification, on a form prescribed |
29 | by the department, demonstrating Rhode Island workers' compensation and employer's liability |
30 | coverage evidencing that the general employer carries workers' compensation insurance with that |
31 | insurer with no indebtedness for its employees for the term of the contract or arrangement. In the |
32 | event that the special employer fails to obtain and maintain at policy renewal and thereafter this |
33 | insurer generated insurance coverage certification demonstrating Rhode Island workers' |
34 | compensation and employer's liability coverage from the general employer, the special employer |
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1 | is deemed to be the employer pursuant to the provisions of this section. Upon the cancellation or |
2 | failure to renew, the insurer having written the workers' compensation and employer's liability |
3 | policy shall notify the certificate holders and the department of the cancellation or failure to |
4 | renew and upon notice, the certificate holders shall be deemed to be the employer for the term of |
5 | the contract or arrangement unless or until a new certification is obtained. |
6 | (7) (i) "Injury" means and refers to personal injury to an employee arising out of and in |
7 | the course of his or her employment, connected and referable to the employment. |
8 | (ii) An injury to an employee while voluntarily participating in a private, group, or |
9 | employer-sponsored carpool, vanpool, commuter bus service, or other rideshare program, having |
10 | as its sole purpose the mass transportation of employees to and from work shall not be deemed to |
11 | have arisen out of and in the course of employment. Nothing in the foregoing provision shall be |
12 | held to deny benefits under chapters 29 -- 38 and chapter 47 of this title to employees such as |
13 | drivers, mechanics, and others who receive remuneration for their participation in the rideshare |
14 | program. Provided, that the foregoing provision shall not bar the right of an employee to recover |
15 | against an employer and/or driver for tortious misconduct. |
16 | (8) "Maximum medical improvement" means a point in time when any medically |
17 | determinable physical or mental impairment as a result of injury has become stable and when no |
18 | further treatment is reasonably expected to materially improve the condition. Neither the need for |
19 | future medical maintenance nor the possibility of improvement or deterioration resulting from the |
20 | passage of time and not from the ordinary course of the disabling condition, nor the continuation |
21 | of a pre-existing condition precludes a finding of maximum medical improvement. A finding of |
22 | maximum medical improvement by the workers' compensation court may be reviewed only |
23 | where it is established that an employee's condition has substantially deteriorated or improved. |
24 | (9) "Physician" means medical doctor, surgeon, dentist, licensed psychologist, |
25 | chiropractor, osteopath, podiatrist, or optometrist, as the case may be. |
26 | (10) "Suitable alternative employment" means employment or an actual offer of |
27 | employment which the employee is physically able to perform and will not exacerbate the |
28 | employee's health condition and which bears a reasonable relationship to the employee's |
29 | qualifications, background, education, and training. The employee's age alone shall not be |
30 | considered in determining the suitableness of the alternative employment. |
31 | (11) "Independent contractor" means a person who has filed a notice of designation as |
32 | independent contractor with the director pursuant to § 28-29-17.1 or as otherwise found by the |
33 | workers' compensation court. |
34 | (12) "Leased employee" means an employee leased to a special employer by a labor- |
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1 | leasing firm under an agreement between the special employer and the labor-leasing firm, to |
2 | perform duties related to the conduct of the special employer's business. "Leased employee" does |
3 | not include a "temporary employee." |
4 | (13) "Temporary employee" means an employee who is furnished to a special employer |
5 | to substitute for a "permanent employee" or for a "leased employee" as defined in this section, or |
6 | to meet seasonal or short-term workload conditions of the special employer. |
7 | 28-29-6.1. Secondary provision of workers' compensation insurance. -- (a) Whenever |
8 | a general contractor or a construction manager enters into a contract with a subcontractor for |
9 | work to be performed in Rhode Island, the general contractor or construction manager shall at all |
10 | times require an insurer-generated insurance coverage certification, on a form prescribed by the |
11 | department, demonstrating Rhode Island workers' compensation and employer's liability coverage |
12 | written documentation evidencing that the subcontractor carries workers' compensation insurance |
13 | with no indebtedness for its employees for the term of the contract or is an independent contractor |
14 | pursuant to the provisions of § 28-29-17.1. In the event that the general contractor or construction |
15 | manager fails to obtain the and maintain at policy renewal this insurer-generated coverage |
16 | certification demonstrating Rhode Island workers' compensation, and employer's liability |
17 | coverage written documentation from the subcontractor, the general contractor or construction |
18 | manager shall be deemed to be the employer pursuant to provisions of § 28-29-2. Upon the |
19 | cancellation or failure to renew, the insurer having written the workers' compensation and |
20 | employer's liability policy shall notify the certificate holders and the division of workers' |
21 | compensation of the cancellation, or failure to renew; and, thereafter, the certificate holders shall |
22 | be deemed to be the employer for the duration of the contract or arrangement unless or until a |
23 | new certificate has been obtained. |
24 | (b) For the purposes of this section, "construction manager" means an individual |
25 | corporation, partnership, or joint venture or other legal entity responsible for supervising and |
26 | controlling all aspects of construction work to be performed on the construction project, as |
27 | designated in the project documents, in addition to the possibility of performing some of the |
28 | construction services itself. For the purposes of this section, the construction manager need have |
29 | no contractual involvement with any of the parties to the construction project other than the |
30 | owner, or may contract directly with the trade contractors pursuant to its agreement with the |
31 | owner. |
32 | (c) This section only applies to a general contractor, subcontractor, or construction |
33 | manager deemed an employer subject to the provisions of Chapters 29 -- 38 of this title, as |
34 | provided in § 28-29-6. |
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1 | (d) Whenever the workers' compensation insurance carrier is obligated to pay workers' |
2 | compensation benefits to the employee of an uninsured subcontractor, the workers' compensation |
3 | insurance carrier shall have a complete right of indemnification to the extent benefits are paid |
4 | against either the uninsured subcontractor, uninsured general contractor or uninsured construction |
5 | manager. |
6 | SECTION 3. Section 28-33-19 of the General Laws in Chapter 28-33 entitled "Workers' |
7 | Compensation - Benefits" is hereby amended to read as follows: |
8 | 28-33-19. Additional compensation for specific injuries. -- (a) (1) In case of the |
9 | following specified injuries that occur on or after January 1, 2016, there shall be paid in addition |
10 | to all other compensation provided for in chapters 29 to 38 of this title a weekly payment equal to |
11 | one-half (1/2) of the average weekly earnings of the injured employee, but in no case more than |
12 | ninety dollars ($90.00) nor less than forty-five dollars ($45.00) one hundred eighty dollars ($180) |
13 | nor less than ninety dollars ($90.00) per week. In case of the following specified injuries that |
14 | occur on or after January 1, 2012, there shall be paid in addition to all other compensation |
15 | provided for in chapters 29 to 38 of this title a weekly payment equal to one-half (1/2) of the |
16 | average weekly earnings of the injured employee, but in no case more than one hundred eighty |
17 | dollars ($180) nor less than ninety dollars ($90.00) per week. Payment made under this section |
18 | shall be made in a one time payment unless the parties otherwise agree. Payment shall be mailed |
19 | within fourteen (14) days of the entry of a decree, order, or agreement of the parties: |
20 | (i) For the loss by severance of both hands at or above the wrist, or for the loss of the |
21 | arm at or above the elbow or for the loss of the leg at or above the knee, or both feet at or above |
22 | the ankle, or of one hand and one foot, or the entire and irrecoverable loss of the sight of both |
23 | eyes, or the reduction to one-tenth ( 1/10) or less of normal vision with glasses, for a period of |
24 | three hundred twelve (312) weeks; provided, that for the purpose of this chapter the Snellen chart |
25 | reading 20/200 shall equal one-tenth ( 1/10) of normal vision or a reduction of ninety percent |
26 | (90%) of the vision. Additionally, any loss of visual performance including, but not limited to, |
27 | loss of binocular vision, other than direct visual acuity may be considered in evaluating eye loss; |
28 | (ii) For the loss by severance of either arm at or above the elbow, or of either leg at or |
29 | above the knee, for a period of three hundred twelve (312) weeks; |
30 | (iii) For the loss by severance of either hand at or above the wrist for a period of two |
31 | hundred forty-four (244) weeks; |
32 | (iv) For the entire and irrecoverable loss of sight of either eye, or the reduction to one- |
33 | tenth ( 1/10) or less of normal vision with glasses, or for loss of binocular vision for a period of |
34 | one hundred sixty (160) weeks; |
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1 | (v) For the loss by severance of either foot at or above the ankle, for a period of two |
2 | hundred five (205) weeks; |
3 | (vi) For the loss by severance of the entire distal phalange of either thumb for a period of |
4 | thirty-five (35) weeks; and for the loss by severance at or above the second joint of either thumb, |
5 | for a period of seventy-five (75) weeks; |
6 | (vii) For the loss by severance of one phalange of either index finger, for a period of |
7 | twenty-five (25) weeks; for the loss by severance of at least two (2) phalanges of either index |
8 | finger, for a period of thirty-two (32) weeks; for the loss by severance of at least three (3) |
9 | phalanges of either index finger, for a period of forty-six (46) weeks; |
10 | (viii) For the loss by severance of one phalange of the second finger of either hand, for a |
11 | period of sixteen (16) weeks; for the loss by severance of two (2) phalanges of the second finger |
12 | of either hand, for a period of twenty-two (22) weeks; for the loss by severance of three (3) |
13 | phalanges of the second finger on either hand, for a period of thirty (30) weeks; |
14 | (ix) For the loss by severance of one phalange of the third finger of either hand, for a |
15 | period of twelve (12) weeks; for the loss by severance of two (2) phalanges of the third finger of |
16 | either hand, for a period of eighteen (18) weeks; for the loss by severance of three (3) phalanges |
17 | of a third finger of either hand, for a period of twenty-five (25) weeks; |
18 | (x) For the loss by severance of one phalange of the fourth finger of either hand, for a |
19 | period of ten (10) weeks; for the loss by severance of two (2) phalanges of the fourth finger of |
20 | either hand, for a period of fourteen (14) weeks; for the loss by severance of three (3) phalanges |
21 | of a fourth finger of either hand, for a period of twenty (20) weeks; |
22 | (xi) For the loss by severance of one phalange of the big toe on either foot, for a period |
23 | of twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, |
24 | for a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any |
25 | other toe than the big toe, for a period of ten (10) weeks for each such toe; |
26 | (xii) For partial loss by severance for any of the injuries specified in paragraphs (1)(i) -- |
27 | (1)(xi) of this subsection, proportionate benefits shall be paid for the period of time that the |
28 | partial loss by severance bears to the total loss by severance. |
29 | (2) Where any bodily member or portion of it has been rendered permanently stiff or |
30 | useless, compensation in accordance with the above schedule shall be paid as if the member or |
31 | portion of it had been completely severed; provided, that if the stiffness or uselessness is less than |
32 | total, then compensation shall be paid for that period of weeks in proportion to the applicable |
33 | period where the member or portion of it has been completely severed as the instant percentage of |
34 | stiffness or uselessness bears to the total stiffness or total uselessness of the bodily members or |
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1 | portion of them. |
2 | (3) In case of the following specified injuries there shall be paid in addition to all other |
3 | compensation provided for in chapters 29 -- 38 under this title a weekly payment equal to one- |
4 | half ( 1/2) of the average weekly earnings of the injured employee, but in no case more than |
5 | ninety dollars ($90.00) nor less than forty-five dollars ($45.00) per week. Payment under this |
6 | subsection shall be made in a one time payment unless the parties otherwise agree. Payment shall |
7 | be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties: |
8 | (i) For permanent disfigurement of the body the number of weeks may not exceed five |
9 | hundred (500) weeks, which sum shall be payable in a one time payment within fourteen (14) |
10 | days of the entry of a decree, order, or agreement of the parties in addition to all other sums under |
11 | this section wherever it is applicable. |
12 | (4) (i) Loss of hearing due to industrial noise is recognized as an occupational disease for |
13 | purposes of chapters 29 -- 38 of this title and occupational deafness is defined to be a loss of |
14 | hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful |
15 | noise means sound capable of producing occupational deafness. |
16 | (ii) Hearing loss shall be evaluated pursuant to protocols established by the workers' |
17 | compensation medical advisory board. All treatment consistent with this subsection shall be |
18 | consistent with the protocols established by the workers' compensation medical advisory board |
19 | subject to § 28-33-5. |
20 | (iii) If the employer has conducted baseline screenings within one (1) year of exposure to |
21 | harmful noise to evaluate the extent of an employee's pre-existing hearing loss, the causative |
22 | factor shall be apportioned based on the employee's pre-existing hearing loss and subsequent |
23 | occupational hearing loss, and the compensation payable to the employee shall only be that |
24 | portion of the compensation related to the present work-related exposure. |
25 | (iv) There shall be payable as permanent partial disability for total occupational deafness |
26 | of one ear, seventy-five (75) weeks of compensation; for total occupational deafness of both ears, |
27 | two hundred forty-four (244) weeks of compensation; for partial occupational deafness in one or |
28 | both ears, compensation shall be paid for any periods that are proportionate to the relation which |
29 | the hearing loss bears to the amount provided in this subdivision for total loss of hearing in one or |
30 | both ears, as the case may be. For the complete loss of hearing for either ear due to external |
31 | trauma or by other mechanism, acuity loss shall be paid pursuant to this subsection. |
32 | (v) No benefits shall be granted for tinnitus, psychogenic hearing loss, congenital |
33 | hearing loss, recruitment or hearing loss above three thousand (3,000) hertz. |
34 | (vi) The provisions of this subsection and the amendments insofar as applicable to |
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1 | hearing loss shall be operative as to any occupational hearing loss that occurs on or after |
2 | September 1, 2003, except for acuity hearing loss related to a single event which shall become |
3 | effective upon passage. |
4 | (vii) If previous hearing loss, whether occupational or not, is established by an |
5 | audiometric examination or other competent evidence, whether or not the employee was exposed |
6 | to assessable noise exposure within one year preceding the test, the employer is not liable for the |
7 | previous loss, nor is the employer liable for a loss for which compensation has previously been |
8 | paid or awarded. The employer is liable only for the difference between the percent of |
9 | occupational hearing loss determined as of the date of the audiometric examination conducted by |
10 | a certified audiometric technician using an audiometer which meets the specifications established |
11 | by the American National Standards Institute (ANSI 3.6-1969, ri973) used to determine |
12 | occupational hearing loss and the percentage of loss established by the baseline audiometric |
13 | examination. An amount paid to an employee for occupational hearing loss by any other |
14 | employer shall be credited against compensation payable by the subject employer for the hearing |
15 | loss. The employee shall not receive in the aggregate greater compensation from all employers |
16 | for occupational hearing loss than that provided in this section for total occupational hearing loss. |
17 | A payment shall not be paid to an employee unless the employee has worked in excessive noise |
18 | exposure employment for a total period of at least one hundred eighty (180) days for the |
19 | employer for whom compensation is claimed. |
20 | (viii) No claim for occupational deafness may be filed until six (6) months separation |
21 | from the type of noisy work for the last employer in whose employment the employee was at any |
22 | time during the employment exposed to harmful noise. |
23 | (ix) The total compensation due for hearing loss is recovered from the employer who last |
24 | employed the employee in whose employment the employee was last exposed to harmful noise |
25 | and the insurance carrier, if any, on the risk when the employee was last so exposed, and if the |
26 | occupational hearing loss was contracted while the employee was in the employment of a prior |
27 | employer, and there was no baseline testing by the last employer, the employer and insurance |
28 | carrier which is made liable for the total compensation as provided by this section may petition |
29 | the worker's compensation court for an apportionment of the compensation among the several |
30 | employers which since the contraction of the hearing loss have employed the employee in a noisy |
31 | environment. |
32 | (b) Where payments are required to be made under more than one clause of this section, |
33 | payments shall be made in a one time payment unless the parties otherwise agree. Payment shall |
34 | be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties. |
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1 | (c) Payments pursuant to this section, except paragraph (a)(3)(ii) of this section, shall be |
2 | made only after an employee's condition as relates to loss of use has reached maximum medical |
3 | improvement as defined in § 28-29-2(8) and as found pursuant to § 28-33-18(b). |
4 | SECTION 4. This act shall take effect upon passage with some provisions effective July |
5 | 1, 2015 and January 1, 2016. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION-- | |
GENERAL PROVISIONS | |
*** | |
1 | This act would: (1) Define "leased" and "temporary" employees; (2) Impose sole liability |
2 | for certain injuries to a "temporary employee" on special employers; (3) Impose insurer-generated |
3 | coverage certification maintenance and documentation requirements on the general contractor or |
4 | construction manager; (4) Increase weeks of compensation for specific injuries from between |
5 | forty-five dollars ($45.00) and ninety dollars ($90.00) to a minimum of ninety dollars ($90.00) to |
6 | a maximum of one hundred eighty dollars ($180) effective January 1, 2016; and (5) Create an |
7 | exception for Professional Employer Organizations and their clients dealing with "temporary |
8 | employees" and "temporary help services." |
9 | This act would take effect upon passage with some provisions effective July 1, 2015 and |
10 | January 1, 2016. |
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