2022 -- S 2977 | |
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LC005925 | |
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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 | |
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Introduced By: Senators Ciccone, F Lombardi, McCaffrey, Goodwin, and de la Cruz | |
Date Introduced: May 19, 2022 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-16-20 of the General Laws in Chapter 16-16 entitled "Teachers' |
2 | Retirement [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby |
3 | amended to read as follows: |
4 | 16-16-20. Deduction of amounts received from workers' compensation or as damages. |
5 | Any amount paid or payable under the provisions of any workers' compensation law, |
6 | exclusive of Medicare set aside allocations, specific compensation benefits or any benefits due |
7 | pursuant to the terms of a collective bargaining agreement or as the result of any action for damages |
8 | for personal injuries against the state, on account of the death or disability of a teacher, shall be |
9 | offset against and payable in lieu of any benefits payable out of funds provided by the state under |
10 | the provisions of this chapter on account of the death or disability of the teacher. If the value of the |
11 | total commuted benefits under any workers' compensation law or action is less than the present |
12 | value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the |
13 | commuted payments shall be deducted from the present value of the benefits, and the balance |
14 | thereof shall be payable under the provisions of this chapter. |
15 | SECTION 2. Sections 28-35-12 and 28-35-28 of the General Laws in Chapter 28-35 |
16 | entitled "Workers' Compensation - Procedure" are hereby amended to read as follows: |
17 | 28-35-12. Petition for determination of controversy -- Contents and filing. |
18 | (a) In all disputes between an employer and employee in regard to compensation or any |
19 | other obligation established under chapters 29 -- 38 of this title, and when death has resulted from |
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1 | the injury and the dependents of the deceased employee entitled to compensation are, or its |
2 | apportionment among them is, in dispute, any person in interest, or his or her duly authorized |
3 | representative, may file with the workers' compensation court a petition, prescribed by the court, |
4 | setting forth the names and residences of the parties; the facts relating to employment at the time |
5 | of injury; the cause, extent, and character of the injury; the amount of wages, earnings, or salary |
6 | received at the time of the injury; and the knowledge of the employer of notice of the occurrence |
7 | of the injury; and any other facts that may be necessary and proper for the information of the court; |
8 | and shall state the matter in dispute and the claims of the petitioner with reference to it; provided, |
9 | that no petition shall be filed within twenty-one (21) days of the date of the injury and no petition |
10 | regarding any other obligation established under chapters 29 -- 38 of this title shall be filed until |
11 | twenty-one (21) days after written demand for payment upon the employer or insurer or written |
12 | notice to the employer or insurer of failure to fulfill the obligation, except that any petition alleging |
13 | the non-payment or late payment of weekly compensation benefits, attorney's fees, and costs, may |
14 | be filed after fourteen (14) days from the date the payment is due as set forth in §§ 28-35-42, 28- |
15 | 35-43, and 28-35-20(c). All demands seeking payment of bills for medical services rendered shall |
16 | include reference to a claim number or a legible copy of the agreement, order, and/or decree, if |
17 | appropriate, establishing liability. Medical bills for services ordered paid by decree or pretrial order |
18 | shall be paid within fourteen (14) days of the entry of the decree or order. In the event that the bills |
19 | are not paid within the fourteen-day (14) period, a petition may be filed to enforce said order or |
20 | decree without any additional written notice to the employer or insurer. |
21 | (b)(1) If one or more claims are filed for an injury and there are two (2) or more insurers, |
22 | any one of which may be held to be liable to pay compensation, and the judge determines that the |
23 | injured employee would be entitled to receive compensation but for the existence of a controversy |
24 | as to which one of the insurers is liable to pay compensation, one of the insurers shall be selected |
25 | by a judge of the workers' compensation court, to pay to the injured employee the compensation, |
26 | pending a final decision of the workers' compensation court as to the matter in controversy, and |
27 | that decision shall require that the amount of compensation paid shall be deducted from the award |
28 | if made against another insurer and shall be paid by that other insurer to the insurer selected by the |
29 | judge. |
30 | (2) The workers' compensation court shall award compensation, costs, and attorney's fees |
31 | in its discretion if one of the insurers is held to be liable following the hearing. |
32 | (3) In the event multiple attorneys have provided representation to an employee, in |
33 | connection with an injury claim and an attorney's lien has been filed with the court or the insurance |
34 | carrier, and there is dispute between the attorneys over the equitable division of any legal fee, |
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1 | awarded by the court for legal services rendered on behalf of the employee; the court, upon petition |
2 | by any of the aggrieved attorneys, shall assign the legal fee dispute to the workers' compensation |
3 | court's mediation program, in accordance with the rules and procedures established by the court. |
4 | The employer or its insurer or its claim administrator shall not be joined as a party to the petition. |
5 | In the event the dispute is not resolved in mediation, the mediator shall report to the chief judge of |
6 | the court, that the dispute has not resolved and the petition shall be dismissed, with no further action |
7 | by the court. Nothing herein shall preclude any party or attorney from pursuing any action |
8 | otherwise available. |
9 | (c) If any determination of the workers' compensation court entitles an employee to |
10 | retroactive payment of weekly benefits, the court shall award to the employee interest at the rate |
11 | per annum provided in § 9-21-10 on that retroactive weekly payment from six (6) months |
12 | subsequent to the date that the employee first filed a petition for benefits to the time when that |
13 | retroactive payment is actually made. If the proceedings are unduly delayed by or at the request of |
14 | the employee or his or her attorney, the judge may reduce or eliminate interest on retroactive |
15 | payment; provided, that the provisions of this section as they relate to interest shall apply only to |
16 | petitions filed on or after July 1, 1984. |
17 | (d) Any fine, penalty, or interest expense incurred by an insurer under this section may not |
18 | be used as an expense for the purpose of seeking a rate increase before the department of business |
19 | regulation. |
20 | 28-35-28. Appeal to appellate division. |
21 | (a) Any person aggrieved by the entry of a decree by a trial judge may appeal to the |
22 | appellate division established pursuant to this section by filing with the court within five (5) days |
23 | of the date of the entry of a decree, exclusive of Saturdays, Sundays, and holidays, a claim of appeal |
24 | and, subject to the rules of practice of the court, by filing a request for a transcript of the testimony |
25 | and ruling or any part thereof desired. Upon a showing of excusable neglect, the trial judge who |
26 | entered the decree, may extend the time for filing the claim of appeal by any party, for a period not |
27 | to exceed thirty (30) days from the expiration of the original time prescribed by this section. The |
28 | request for extension shall be made by motion directed to the trial judge with such notice as the |
29 | court shall deem appropriate. Such an extension may be granted, before or after the time otherwise |
30 | prescribed by this section. Within any time that a judge shall fix, either by an original fixing or |
31 | otherwise, the appellant shall file with the court reasons of appeal stating specifically all matters |
32 | determined adversely to him or her which he or she desires to appeal, together with so much of the |
33 | transcript of testimony and rulings as he or she deems pertinent, and within ten (10) days after that |
34 | the parties may file with the court those briefs and memoranda that they may desire concerning the |
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1 | appeal. The chief judge shall appoint appellate panels of three (3) members of the court to hear any |
2 | claim of appeal and the decision of the appellate panel shall be binding on the court. The three (3) |
3 | members of the appellate panel shall immediately review the decree upon the record of the case |
4 | and shall file a decision pursuant to the law and the fair preponderance of the evidence within ten |
5 | (10) days of the expiration of the time within which the parties may file briefs and memoranda. |
6 | Upon consideration of the appeal, the appellate panel shall affirm, reverse, or modify the decree |
7 | appealed from, and may itself take any further proceedings that are just, or may remand the matter |
8 | to the trial judge for further consideration of any factual issue that the appellate division may raise, |
9 | including the taking of additional evidence or testimony by the trial judge. It shall be within the |
10 | prerogative of the appellate panel to remand a matter to the trial judge. If the decision requires the |
11 | entry of a new decree, notice shall be given the parties, and the new decree shall be entered in the |
12 | same manner as the original decree, but if the decision of two (2) appellate panel judges does not |
13 | require the entry of a new decree, the decree shall be affirmed. Any member of the appellate panel |
14 | may, for cause, disqualify himself or herself from hearing any appeal that may come before the |
15 | appellate panel. |
16 | (b) The findings of the trial judge on factual matters shall be final unless an appellate panel |
17 | finds them to be clearly erroneous. The court may award costs, including reasonable attorney's fees, |
18 | to the prevailing party when the appellate panel finds there was complete absence of a justiciable |
19 | issue of either law or fact. |
20 | SECTION 3. Section 28-53-7 of the General Laws in Chapter 28-53 entitled "Rhode Island |
21 | Uninsured Protection Fund" is hereby amended to read as follows: |
22 | 28-53-7. Payments to employees of uninsured employers. |
23 | (a) Where it is determined that the employee was injured in the course of employment |
24 | while working for an employer who fails to maintain a policy of workers' compensation insurance |
25 | as required by § 28-36-1 et seq., in accordance with the provisions of this chapter, the uninsured |
26 | protection fund is authorized to pay the benefits to which the injured employee would be entitled |
27 | pursuant to chapters 29 -- 38 of this title subject to the limitations set forth herein. |
28 | (b) The workers' compensation court shall hear all petitions for payment from the fund |
29 | pursuant to § 28-30-1 et seq.; provided, however, that any petition for the commencement of |
30 | compensation benefits filed against the uninsured protection fund shall be accompanied or preceded |
31 | by a separate petition for the commencement of compensation benefits timely filed against the |
32 | uninsured unless the petition to be filed against the uninsured employer is otherwise enjoined or |
33 | prevented by law. |
34 | (c) Where an employee is deemed to be entitled to benefits from the uninsured protection |
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1 | fund, the fund shall pay benefits for incapacity as provided pursuant to chapters 29 -- 38 of this title |
2 | except that the employee shall not be entitled to receive benefits for medical expenses pursuant to |
3 | the provisions of § 28-33-5 or loss of function and disfigurement pursuant to the provisions of § |
4 | 28-33-19 from the uninsured protection fund. Nothing herein shall affect an employee's right to |
5 | otherwise recover such benefits for medical expenses, loss of function, and disfigurement from an |
6 | uninsured employer. |
7 | (d) The fund shall pay costs, counsel, and witness fees, as provided in § 28-35-32, to any |
8 | employee who successfully prosecutes any petitions for payment; petitions to amend a pretrial |
9 | order; and all other employee petitions; and to employees who successfully defend, in whole or in |
10 | part, proceedings seeking to reduce or terminate any and all payments; provided, however, that the |
11 | attorney's fees awarded to counsel who represent the employee in petitions for lump-sum |
12 | commutation filed pursuant to § 28-33-25, or in the settlement of disputed cases pursuant to § 28- |
13 | 33-25.1, shall be limited to the maximum amount paid to counsel who serve as court-appointed |
14 | attorneys in workers' compensation proceedings as established by rule or order of the Rhode Island |
15 | supreme court. Any payment ordered by the court or due under this section shall not be subject to |
16 | liens set forth in § 28-33-27(b), nor shall such payments be assignable or subject to assignment in |
17 | any way. |
18 | (e) In the event that the uninsured employer makes payment of any monies to the employee |
19 | to compensate the employee in any way for the alleged work injury, the fund may be entitled to a |
20 | credit for all such monies received by, or on behalf of, the employee, including, but not limited to, |
21 | monies paid to the employee by any other party for the employee's lost wages against any future |
22 | benefits payable directly to the employee. The fund shall be entitled to full reimbursement from the |
23 | uninsured employer for any and all payments made by the fund to the employee, as well as all costs, |
24 | counsel, and witness fees paid out by the fund in connection with any claim and/or petition, plus |
25 | any and all costs and attorney's fees associated with collection and reimbursement of the fund. |
26 | (f) All the rights and obligations of § 28-35-58 are preserved to the benefit of the employee |
27 | and the fund. |
28 | (f)(g) This section shall apply to injuries that occur on or after September 1, 2019. |
29 | SECTION 4. 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 | |
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1 | This act would subtract Medicare set aside allocations, specific compensation benefits and |
2 | collective bargaining agreement benefits from the list of deductions/offsets from teacher death or |
3 | disability benefits, would establish an additional option to resolve a dispute over the apportionment |
4 | of legal fees, between multiple attorneys that have represented the same injured employee, would |
5 | grant a workers' compensation trial judge, upon the showing of excusable neglect the power to |
6 | extend the appeal period for their decision, up to an additional thirty (30) days, and would expressly |
7 | preserve the rights of insured employees, of an uninsured employer, the right to pursue a third- |
8 | party claim. |
9 | This act would take effect upon passage. |
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