| Chapter 009 |
| 2019 -- H 5305 Enacted 03/28/2019 |
| 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 |
| 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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| LC001185 |
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