2019 -- H 5305

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LC001185

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - RHODE ISLAND UNINSURED

PROTECTION FUND

     

     Introduced By: Representatives Williams, Blazejewski, Fellela, and Ucci

     Date Introduced: February 06, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-53-7 of the General Laws in Chapter 28-53 entitled "Rhode

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Island Uninsured Protection Fund" is hereby amended to read as follows:

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     28-53-7. Payments to employees of uninsured employers.

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     (a) Where it is determined that the employee was injured in the course of employment

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while working for an employer who fails to maintain a policy of workers' compensation insurance

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as required by § 28-36-1 et seq., in accordance with the provisions of this chapter, the uninsured

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protection fund is authorized to pay the benefits to which the injured employee would be entitled

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pursuant to chapters 29 to 38 of this title subject to the limitations set forth herein.

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     (b) The workers' compensation court shall hear all petitions for payment from the fund

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pursuant to § 28-30-1 et seq.; provided, however, that the uninsured protection fund and the

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employer shall be named as parties to any petition seeking payment of benefits from the fund.

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     (c) Where an employee is deemed to be entitled to benefits from the uninsured protection

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fund, the fund shall pay benefits for incapacity as provided pursuant to chapters 29 to 38 of this

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title except that the employee shall not be entitled to receive benefits for medical expenses

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pursuant to the provisions of § 28-33-5 or loss of function and disfigurement pursuant to the

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provisions of § 28-33-19.

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     (d) The fund shall pay costs, counsel, and witness fees, as provided in § 28-35-32, to any

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employee who successfully prosecutes any petitions for payment; petitions to amend a pretrial

 

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order; and all other employee petitions; and to employees who successfully defend, in whole or in

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part, proceedings seeking to reduce or terminate any and all payments; provided, however, that

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the attorney's fees awarded to counsel who represent the employee in petitions for lump-sum

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commutation filed pursuant to § 28-33-25, or in the settlement of disputed cases pursuant to § 28-

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33-25.1, shall be limited to the maximum amount paid to counsel who serve as court-appointed

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attorneys in workers' compensation proceedings as established by rule or order of the Rhode

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Island supreme court. Any payment ordered by the court or due under this section shall not be

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subject to liens set forth in § 28-33-27(b), nor shall such payments be assignable or subject to

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assignment in any way.

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     (e) In the event that the uninsured employer makes payment of any monies to the

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employee to compensate the employee for lost wages or medical expenses, the fund shall be

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entitled to a credit for all such monies received by, or on behalf of, the employee against any

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future benefits payable directly to the employee. The fund shall be entitled to full reimbursement

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from the uninsured employer for any and all payments made to the employee, as well as all costs,

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counsel, and witness fees paid out by the fund in connection with any claim and/or petition, plus

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any and all costs and attorney's fees associated with collection and reimbursement of the fund.

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     (f) This section shall apply to injuries that occur on or after February 1, September 1,

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2019.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - RHODE ISLAND UNINSURED

PROTECTION FUND

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     This act would extend the effective date of the Rhode Island Uninsured Protection Fund

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from February 1, 2019 to September 1, 2019.

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     This act would take effect upon passage.

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