Introduced By: Representatives Salisbury, Quick, Campbell, Millard and Kelley
Date Introduced : January 22, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-41-15, 28-41-16, 28-41-21, and 28-41-22 of the General Laws in Chapter 28-41 entitled "Temporary Disability Insurance -- Benefits" are hereby amended to read as follows:
28-41-15. Filing of claims -- Restriction on waiting period credit or benefits -- Copies of law and regulations. -- (a) Benefit claims shall be filed pursuant to prescribed regulations.
(b) No individual shall be eligible for waiting period credits or benefits under this title for any week of unemployment due to sickness which occurs more than fifty-two (52) weeks prior to the time when written notice of his or her claim for waiting period credits or benefits is mailed or delivered to the department of labor and training or such other agency as the director may designate.
(c) Each employer shall post and maintain printed statements of subsection (b) and of those regulations, in places readily accessible to individuals in his service. Those printed statements shall be supplied by the director to each employer without cost to that employer.
(d) Upon the filing of a claim, the director shall promptly mail
a notice of the filing of the claim to the claimant's most recent
employer and to all employers for whom the claimant states he
or she performed services and earned wages during his or her base
period. The employers shall promptly furnish the information required
to determine the claimant's benefit rights. If the claimant's
employer or employers have any information which might affect
either the validity of the claim or the right of the claimant
to waiting period credit or benefits, the employer shall return
the notice with this information. Notwithstanding any inconsistent
provisions of chapters 39 -- 41 of this title, any employer who
fails without good cause as established to the satisfaction of
the director to return the notice within {DEL five (5) DEL}
{ADD seven (7) ADD} working days of the mailing thereof shall pay
a penalty of twenty-five dollars ($25.00) for each failure. The
foregoing penalty shall be paid into the temporary disability
insurance reserve fund and if any employer fails to pay the penalty,
when assessed, it shall be collected by civil action as provided
in section 28-40-12.
28-41-16. Determination of claim. -- (a) Upon the
filing of a claim, the director shall promptly examine the claim
and on the basis of facts found by the director and records maintained
by the department, the claim shall be determined to be valid or
invalid. If the claim is determined to be valid, the director
shall promptly notify the claimant as to the week with respect
to which benefits shall commence, the weekly benefit amount payable,
and the maximum duration thereof. If the claim is determined to
be invalid, the director shall likewise notify the claimant and
any other interested parties of that determination and the reasons
therefor. If the processing of the claim is delayed for any reason,
the director shall notify the claimant, in writing, within three
(3) weeks of the date the application for benefits is filed of
the reason therefor. Unless the claimant or any other interested
party shall, within {DEL ten (10) DEL} {ADD fifteen (15) ADD}
days, except that for good cause shown the ten-day period may
be extended after notification by the director has been mailed
to his or her last known address, as provided in this section,
request a hearing before the board of review, the determination
with reference to the claim shall be final; provided, however,
that at any time within one year from the date of a monetary determination,
the director, upon request of the claimant or on his or her own
motion, may reconsider his or her determination if he or she finds
that an error in computation or identity has occurred in connection
therewith or that additional wages pertinent to the claimant's
status have become available, or if that determination has been
made as a result of a nondisclosure or misrepresentation of a
material fact.
(b) If an appeal is duly filed, benefits with respect to the period prior to the final decision, if it is found that those benefits are payable, shall be paid only after the decision; provided, that if an appeal tribunal affirms a decision of the director, or the board of review affirms a decision of an appeal tribunal allowing benefits, those benefits shall be paid regardless of any appeal which may thereafter be taken.
28-41-21. Decision of appeal tribunal or referee. --
(a) After a hearing, an appeal tribunal shall make findings and
conclusions promptly and on the basis thereof affirm, modify,
or reverse the director's determination. Each party shall be furnished
promptly a copy of the decision and the supporting findings and
conclusions. This decision shall be final unless further review
is initiated pursuant to section 28-41-22 within {DEL ten (10) DEL}
{ADD fifteen (15) ADD} days after the decision has been mailed to
each party's last known address or otherwise delivered to him
or her, provided that that period may be extended for good cause.
(b) A decision of the referee of the board of review shall be honored and complied with until or unless modified or overruled by the board or court of competent jurisdiction.
28-41-22. Appeal to and review by board. -- Any
party in interest, including the director, shall be allowed an
appeal to the board of review from the decision of an appeal tribunal.
The board on its own motion may initiate a review of a decision
or determination of an appeal tribunal within {DEL ten (10) DEL}
{ADD fifteen (15) ADD} days after the date of decision. The board
may affirm, modify, or reverse the findings or conclusions of
the appeal tribunal solely on the basis of evidence previously
submitted or upon the basis of such additional evidence as it
may direct to be taken.
SECTION 2. Sections 28-44-39 and 28-44-47 of the General Laws in Chapter 28-44 entitled "Employment Security -- Benefits" are hereby amended to read as follows:
28-44-39. Initial determination -- Notice -- Reconsideration of monetary determination -- Reconsideration of other determination -- Appeal -- Interested party. -- (a) (1) The director shall promptly determine:
(i) Whether or not the claimant has met the eligibility requirements set forth in section 28-44-11. Thereupon the director shall promptly notify the claimant in writing of that determination, including the reasons upon which the determination was based. The director may at any time within one year from the date of the determination either upon request of the claimant or on his or her own motion reconsider that determination if he or she finds that an error in computation or in identity has occurred in connection therewith, or that additional wages pertinent to the status of the claimant have become available, or if that determination was made as a result of a non-disclosure or misrepresentation of a material fact. The notice to an eligible claimant shall also include information as to his or her benefit year, his or her weekly benefit amount, his or her augmented weekly benefit amount if he or she has dependents, and the maximum amount of benefit credits to which he or she is entitled for unemployment during his or her benefit year;
(ii) Whether or not the claimant is disqualified under any of the provisions of sections 28-44-12, 28-44-16, 28-44-17, 28-44-18, 28-44-19, 28-44-19.1, 28-44-20, 28-44-21, 28-42-62, and 28-42-68. If the director determines that the claimant is not eligible to receive waiting period credit or benefits for any week or weeks due to a disqualification imposed under any of the provisions referred to in this subdivision, he or she shall promptly furnish to that claimant and to all interested parties, other than the board of review, written notice of that determination together with a statement containing the reasons therefor, and the period of disqualification.
(2) If the director determines that the claimant is eligible to receive waiting period credit or benefits, he or she shall promptly furnish a written notice of that determination to the claimant and to all interested parties other than the board of review. All notices issued hereunder shall contain a statement of the appeal rights of the parties.
(b) Unless the claimant or any other interested party who is entitled
to notice shall request a hearing within {DEL ten (10) DEL}
{ADD fifteen (15) ADD} days after the notice of determination has
been mailed by the director to the last known address of the claimant
and of any other interested party, the determination shall be
final; provided, however, that for good cause shown the {DEL ten
(10) DEL} {ADD fifteen (15) ADD} day period may be extended;
and provided, further, however, that the director, on his or her
own motion, may at any time within one year from the date of the
determination set forth in subsection (a)(1) reconsider the determination,
if he or she finds that an error has occurred in connection therewith,
or that the determination was made as a result of a mistake, or
the nondisclosure or misrepresentation of a material fact.
(c) For the purpose of this chapter, an "interested party" shall be deemed to be the director, the board of review, the claimant, and any employer or employing unit who has furnished information other than wage information in accordance with section 28-44-38(c).
28-44-47. Appeal to board of review. -- Any party
in interest, including the director, shall be allowed an appeal
to the board of review from the decision of an appeal tribunal.
The board of review on its own motion may initiate a review of
a decision or determination of an appeal tribunal within {DEL ten
(10) DEL} {ADD fifteen (15) ADD} days after the date of the decision.
The board of review may affirm, modify, or reverse the findings
or conclusions of the appeal tribunal solely on the basis of evidence
previously submitted or upon the basis of such additional evidence
as it may direct to be taken.
SECTION 3. This act shall take effect upon passage.
