Chapter 478

2012 -- H 8076

Enacted 06/25/12

 

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE BENEFITS

          

     Introduced By: Representatives Williams, Edwards, Carnevale, Fellela, and Hull

     Date Introduced: April 24, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 28-41-6 of the General Laws in Chapter 28-41 entitled "Temporary

Disability Insurance - Benefits" is hereby amended to read as follows:

 

     28-41-6. Effect on waiting period credit and benefits of receipt of workers'

compensation payments. -- (a) No individual shall be entitled to receive waiting period credit

benefits or dependents' allowances with respect to which benefits are paid or payable to that

individual under any workers' compensation law of this state, any other state, or the federal

government, on account of any disability caused by accident or illness. In the event that workers'

compensation benefits are subsequently awarded to an individual, whether on a weekly basis or

as a lump sum, for a week or weeks with respect to which that individual has received waiting

period credit, benefits, or dependents' allowances, under chapters 39 -- 41 of this title, the

director, for the temporary disability insurance fund, shall be subrogated to that individual's rights

in that award to the extent of the amount of benefits and/or dependents' allowances paid to him or

her under those chapters.

     Provided, however, that nothing herein shall be construed to deny benefits or waiting

period credit benefits or dependents’ allowances under this chapter to individuals who receive a

lump sum settlement pursuant to section 28-33-25 and subsequently apply for benefits under this

chapter as long as the sickness or illness is materially different from the one for which the

individual was paid workers’ compensation, is not affected by said injury and/or the medical

condition did not result from the injury for which the employee was paid workers’ compensation

benefits.

      (b) (1) Whenever an employer or his or her insurance carrier has been notified that an

individual has filed a claim for unemployment due to sickness for any week or weeks under

chapters 39 -- 41 of this title for which week or weeks that individual is or may be eligible for

benefits under chapters 29 -- 38 of this title, that notice shall constitute a lien upon any pending

award, order, or settlement to that individual under chapters 29 -- 38 of this title.

      (2) The employer or his insurance carrier shall be required to reimburse the director, for

the temporary disability insurance fund, the amount of benefits and/or dependents' allowances

received by the individual under chapters 39 -- 41 of this title, for any week or weeks for which

that award, order, or settlement is made.

      (c) Whenever an individual becomes entitled to or is awarded workers' compensation

benefits for the same week or weeks with respect to which he has received benefits and/or

dependents' allowances under chapters 39 -- 41 of this title, and notice of that receipt has been

given to the division of workers' compensation of the department of labor and training and/or the

workers' compensation court, the division or court is required to and shall incorporate in the

award, order, or approval of settlement, an order requiring the employer or his or her insurance

carrier to reimburse the director, for the temporary disability insurance fund, the amount of any

disability benefits and/or dependents' allowances which may have been paid to the employee for

unemployment due to sickness for those weeks under chapters 39 -- 41 of this title. Nothing

herein shall be construed to deny benefits under this chapter to individuals who receive a lump

sum settlement pursuant to section 28-33-25 and subsequently apply for benefits under this

chapter as long as the sickness or illness is materially different from the one for which the

individual was paid workers' compensation, is not affected by said injury and/or the medical

condition did not result from the injury for which the employee was paid workers' compensation

benefits.

      (d) If, through inadvertence, error, or mistake, an individual has received benefit

payments and/or dependents' allowances for any week or weeks under chapters 39 -- 41 of this

title, and has also received payments for the same week or weeks under any workers'

compensation law of this state, any other state, or of the federal government, he or she shall, in

the discretion of the director of the department of labor and training, be liable to have that sum

deducted from any benefits payable to him or her under chapters 39 -- 41 of this title, or shall be

liable to repay to the director, for the temporary disability insurance fund, a sum equal to that

amount received, and that sum shall be collectible in the manner provided in section 28-40-12 for

the collection of past due contributions.

      (e) Notwithstanding any other provision of this section, no individual who, prior to

September 1, 1969, has sustained an injury by reason of which he or she may be eligible for

benefits under chapters 29-38 of this title shall be deprived of any rights which he or she may

have under chapters 39 -- 41 of this title.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02430

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