2022 -- H 7718

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LC003985

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION -

OCCUPATIONAL DISEASES

     

     Introduced By: Representatives Williams, Giraldo, Morales, Batista, and Vella-
Wilkinson

     Date Introduced: March 02, 2022

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-34-2 of the General Laws in Chapter 28-34 entitled "Workers'

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Compensation - Occupational Diseases" is hereby amended to read as follows:

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     28-34-2. Occupational diseases listed -- Treatment as compensable injury.

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     The disablement of any employee resulting from an occupational disease or condition

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described in the following schedule shall be treated as the happening of a personal injury, as defined

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in § 28-33-1, within the meaning of chapters 29 -- 38 of this title, and the procedure and practice

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provided in those chapters shall apply to all proceedings under this chapter, except where

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specifically provided otherwise in this chapter:

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     (1) Anthrax.

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     (2) Arsenic poisoning or its sequelae.

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     (3) Brass or zinc poisoning or its sequelae.

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     (4) Lead poisoning or its sequelae.

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     (5) Manganese poisoning.

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     (6) Mercury poisoning or its sequelae.

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     (7) Phosphorous poisoning or its sequelae.

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     (8) Poisoning by wood alcohol.

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     (9) Poisoning by carbon bisulphide, methanol, naphtha, or volatile halogenated

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hydrocarbons, or any sulphide, or its sequelae.

 

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     (10) Poisoning by benzol, or nitro-, hydro-, hydroz-, amido derivatives of benzol

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(dinitrobenzol, anilin, and others), or its sequelae.

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     (11) Poisoning by carbon monoxide.

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     (12) Poisoning by nitrous fumes or its sequelae.

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     (13) Poisoning by nickel carbonyl or its sequelae.

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     (14) Dope poisoning (poisoning by tetrachlormethane or any substance used as or in

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conjunction with a solvent for acetate or cellulose or nitrocellulose or its sequelae).

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     (15) Poisoning by formaldehyde and its preparations.

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     (16) Chrome ulceration or its sequelae or chrome poisoning.

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     (17) Epitheliomatous cancer or ulceration of the skin, or of the corneal surface of the eye,

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due to tar, pitch, bitumen, mineral oil, or paraffin or any compound, product, or residue of any of

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these substances.

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     (18) Glanders.

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     (19) Compressed air illness or its sequelae.

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     (20) Miner's disease, including only cellulitis, bursitis, ankylostomiasis, tenosynovitis, and

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nystagmus.

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     (21) Cataract in glassworkers.

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     (22) Radium poisoning or disability due to radioactive properties of substances or to

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Roentgen rays (X-rays).

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     (23) Methyl chloride poisoning.

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     (24) Poisoning by sulphuric, hydrochloric, or hydrofluoric acid.

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     (25) Respiratory, gastrointestinal, or physiological nerve and eye disorders due to contact

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with petroleum products and their fumes.

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     (26) Disability arising from blisters or abrasions.

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     (27) Hernia, clearly recent in origin and resulting from a strain arising out of and in the

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course of employment and promptly reported to the employer.

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     (28) Infection or inflammation of the skin or eyes or other external contact surfaces or oral

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or nasal cavities due to oils, cutting compounds, or lubricants, dusts, liquids, fumes, gases, or

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vapors.

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     (29) Dermatitis (venenata).

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     (30) Disability arising from bursitis or synovitis.

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     (31) Disability arising from frostbite.

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     (32) Disability arising from silicosis or asbestosis.

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     (33) Disability arising from any cause connected with or arising from the peculiar

 

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characteristics of the employment.

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     (34) Disability arising from any cause connected with or arising from ionizing radiation.

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     (35) Disability arising from pneumoconiosis caused by the inhalation of metallic minerals

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or mineral particles.

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     (36) The disablement of an employee resulting from mental injury caused or accompanied

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by identifiable physical trauma or from a mental injury caused by emotional stress resulting from

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a situation of greater dimensions than the day-to-day emotional strain and tension which all

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employees encounter daily without serious mental injury shall be treated as an injury as defined in

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§ 28-29-2(7).

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     (37) Disability or quarantine resulting from COVID-19 or any other viral infection ("other

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viral infection") classified by an executive order issued during a declared state of emergency.

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     (i) There shall be a rebuttable presumption, that COVID-19 or other viral infection during

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the declaration of a state of emergency by executive order due to COVID-19 or other viral infection,

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is a compensable occupational disease arising out of and in the course of an employee's

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employment, when any of the following requirements are satisfied:

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     (A) The employee is:

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     (I) A licensed health care worker employed in a health care, congregate care, home care or

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long-term care setting, having direct or indirect contact with persons with COVID-19 or other viral

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infection; or

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     (II) A direct support professional employed in a health care, congregate care, home care or

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long-term care setting, having direct or indirect contact with persons with COVID-19 or other viral

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infection; or

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     (III) A public safety worker, including police officer, firefighter or correctional officer

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having direct or indirect contact with persons with COVID-19 or other viral infection; or

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     (IV) An essential worker, defined as any employee whose employment is necessary for the

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continued health and safety of the community, including, but not limited to, grocery or

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transportation workers, having direct or indirect contact with persons with COVID-19 or other viral

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infection; or

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     (V) Any other class of employees designated by an executive order of the governor issued

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during a declared state of emergency, to be covered pursuant to § 28-34-2 (37)(i).

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     (B) The employee's contraction of COVID-19 or other viral infection must be confirmed

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by a positive laboratory test or, if a test was not available for the employee, as diagnosed, based on

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the employee's symptoms, by a licensed physician, licensed physician's assistant or licensed

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advanced practice registered nurse (APRN).

 

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     (C) A copy of the positive test or documentation of the diagnosis must be provided to the

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employer or the employer's workers' compensation insurer.

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     (D) The employer or insurer shall only rebut the presumption that the employee's

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contraction of COVID-19 or other viral infection is an occupational disease, by establishing by a

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preponderance of the evidence, that the disease was caused by non-employment-connected risk

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factors or non-employment-connected exposure.

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     (ii) The date of injury for an employee, who has contracted COVID-19 or other viral

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infection, is the date the employee was unable to work due to contraction of or quarantine due to

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COVID-19 or other viral infection or was unable to work due to symptoms that were later diagnosed

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as COVID-19 or other viral infection, whichever occurred first.

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     (iii) An employee who has contracted COVID-19 or other viral infection, but, who does

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not meet any of the requirements of § 28-34-2(37)(i), is not prohibited from claiming an

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occupational disease, as provided in this chapter or from claiming a workers' compensation injury;

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provided, however, the burden shall be on the employee to establish, to a reasonable degree of

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medical certainty, that it was more probable than not that the COVID-19 or other viral infection

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occurred as a result of workplace exposure.

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     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 - WORKERS' COMPENSATION -

OCCUPATIONAL DISEASES

***

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     This act would classify as an occupational disease any disability or quarantine resulting

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from COVID-19 or other viral infection, classified by an executive order, during a declared state

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of emergency, subject to certain requirements.

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     This act would take effect upon passage.

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