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
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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