2016 -- S 2234

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LC004081

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION

BENEFITS

     Introduced By: Senators Doyle, and Ciccone

     Date Introduced: January 27, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-33-18.3 of the General Laws in Chapter 28-33 entitled

"Workers' Compensation - Benefits" is hereby repealed.

     28-33-18.3. Continuation of benefits -- Partial incapacity. -- (a) (1) For all injuries

occurring on or after September 1, 1990, in those cases where the employee has received a notice

of intention to terminate partial incapacity benefits pursuant to § 28-33-18, the employee, or his

or her duly authorized representative, may file with the workers' compensation court a petition for

continuation of benefits on forms prescribed by the workers' compensation court. In any

proceeding before the workers' compensation court on a petition for continuation of partial

incapacity benefits, where the employee demonstrates by a fair preponderance of the evidence

that his or her partial incapacity poses a material hindrance to obtaining employment suitable to

his or her limitation, partial incapacity benefits shall continue. For injuries on and after July 1,

2021, "material hindrance" is defined to include only compensable injuries causing a greater than

sixty-five percent (65%) degree of functional impairment and/or disability. Any period of time for

which the employee has received benefits for total incapacity shall not be included in the

calculation of the three hundred and twelve-week (312) period.

      (2) The provisions of this subsection apply to all injuries from Sept. 1, 1990, to July 1,

2021.

      (b) (1) Where any employee's incapacity is partial and has extended for more than three

hundred and twelve (312) weeks and the employee has proved an entitlement to continued

benefits under subsection (a) of this section, payments made to these incapacitated employees

shall be increased annually on the tenth (10th) day of May thereafter so long as the employee

remains incapacitated. The increase shall be by an amount equal to the total percentage increase

in the annual Consumer Price Index, United States City Average for Urban Wage Earners and

Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United

States Department of Labor for the period of March 1 to February 28 each year.

      (2) "Index", as used in this section, refers to the Consumer Price Index, United States

City Average for Urban Wage Earners and Clerical Workers, as that index was formulated and

computed by the Bureau of Labor Statistics of the United States Department of Labor.

      (3) The annual increase shall be based upon the percentage increase, if any, in the

Consumer Price Index for the month of a given year, over the index for February, the previous

year. Thereafter, increases shall be made on May 10 annually, based upon the percentage

increase, if any, in the Consumer Price Index for the period of March 1 to February 28.

      (4) The computations in this section shall be made by the director of labor and training

and promulgated to insurers and employers making payments required by this section. Increases

shall be paid by insurers and employers without further order of the court. If payment payable

under this section is not mailed within fourteen (14) days after the employer or insurer has been

notified by publication in a newspaper of general circulation in the state it becomes due, there

shall be added to the unpaid payment an amount equal to twenty percent (20%) of it, to be paid at

the same time as, but in addition to, the payment.

      (5) This section applies only to payment of weekly indemnity benefits to employees as

described in subdivision (1) of this subsection and does not apply to specific compensation

payments for loss of use or disfigurement or payment of dependency benefits or any other

benefits payable under the workers' compensation act.

      (c) No petitions for commutation shall be allowed or entertained in those cases where an

employee is receiving benefits pursuant to this section.

     SECTION 2. This act shall take effect upon passage, and shall apply retroactively

regardless of the date of injury.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION

BENEFITS

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     This act would repeal the provision of the general laws relating to continuation of

workers' compensation benefits for partial incapacity.

     This act would take effect upon passage, and would apply retroactively regardless of the

date of injury.

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LC004081

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