Chapter 182
2012 -- H 7614
Enacted 06/08/12
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS -
EMPLOYERS FUND
Introduced
By: Representatives Williams, Edwards,
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 28-53-2 and 28-53-7 of the General Laws
in Chapter 28-53
entitled "Rhode Island Uninsured Employers Fund" are
hereby amended to read as follows:
28-53-2.
Establishment -- Sources -- Administration. -- (a)
There shall be established
within the department of labor and training a special
restricted receipt account to be known as the
Rhode Island uninsured employers fund. The fund shall
be capitalized from excise taxes assessed
against uninsured employers pursuant to the provisions of
section 28-53-9 of this chapter and
from general revenues appropriated by the legislature.
Beginning in state fiscal year ending June
30, 2012 2013, the legislature may
appropriate up to two million dollars ($2,000,000) in general
revenue funds annually for deposit into the
(b) All moneys in the
fund shall be mingled and undivided. The fund shall be
administered by the director of the department of labor and
training or his or her designee, but in
no case shall the director incur any liability beyond
the amounts paid into and earned by the fund.
(c) All amounts owed to
the uninsured employers fund from illegally uninsured
employers are intended to be excise taxes and as such, all
ambiguities and uncertainties are to be
resolved in favor of a determination that such assessments are
excise taxes.
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
laws section 28-36-1, et seq., the uninsured employers
fund shall 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 Rhode Island general laws section 28-30-1,
et seq., provided, however, that the
uninsured employers 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
employers fund, the fund shall pay benefits for disability and
medical expenses as provided
pursuant to chapters 29 to 38 of this title except that the
employee shall not be entitled to receive
benefits for loss of function and disfigurement pursuant to
the provisions of
laws section 28-33-19.
(d) The fund shall pay
cost, counsel and witness fees as provided in
general laws section 28-35-32 to any employee who
successfully prosecutes any petitions for
compensation, petitions for medical expenses, petitions to amend a
pretrial order or memorandum
of agreement 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 workers' compensation
benefits; provided, however, that the attorney's fees awarded
to counsel who represent the
employee in petitions for lump sum commutation filed pursuant
to
section 28-33-25 or in the settlement of disputed cases
pursuant to
section 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
(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.
(f) This section shall
apply to injuries that occur on or after January 1, 2012 2013.
SECTION 2. This act shall take effect upon passage and shall
apply retroactively to all
claims regardless of the date of injury.
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LC01274
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