2019 -- S 0242

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LC001145

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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: Senators Ciccone, Lombardi, Lombardo, McCaffrey, and Goodwin

     Date Introduced: January 31, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provisions of § 28-33-19.

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

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

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

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

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

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

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

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

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

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

assignment in any way.

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

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

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

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

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

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

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

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

2019.

     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 provide that the provisions of § 28-53-7 which addresses payments from

the uninsured protection fund to employees of uninsured employers, would apply to injuries that

occur on or after September 1, 2019.

     This act would take effect upon passage.

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