2012 -- S 2886

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE BENEFITS

     Introduced By: Senators P Fogarty, Ruggerio, Goodwin, Ciccone, and Picard

     Date Introduced: April 12, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-41-6 of the General Laws in Chapter 28-41 entitled "Temporary

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Disability Insurance - Benefits" is hereby amended to read as follows:

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     28-41-6. Effect on waiting period credit and benefits of receipt of workers'

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compensation payments. -- (a) No individual shall be entitled to receive waiting period credit

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benefits or dependents' allowances with respect to which benefits are paid or payable to that

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individual under any workers' compensation law of this state, any other state, or the federal

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government, on account of any disability caused by accident or illness. In the event that workers'

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compensation benefits are subsequently awarded to an individual, whether on a weekly basis or

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as a lump sum, for a week or weeks with respect to which that individual has received waiting

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period credit, benefits, or dependents' allowances, under chapters 39 -- 41 of this title, the

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director, for the temporary disability insurance fund, shall be subrogated to that individual's rights

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in that award to the extent of the amount of benefits and/or dependents' allowances paid to him or

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her under those chapters.

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     Provided, however, that nothing herein shall be construed to deny benefits or waiting

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period credit benefits or dependents’ allowances under this chapter to individuals who receive a

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lump sum settlement pursuant to section 28-33-25 and subsequently apply for benefits under this

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chapter as long as the sickness or illness is materially different from the one for which the

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individual was paid workers’ compensation, is not affected by said injury and/or the medical

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condition did not result from the injury for which the employee was paid workers’ compensation

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benefits.

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      (b) (1) Whenever an employer or his or her insurance carrier has been notified that an

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individual has filed a claim for unemployment due to sickness for any week or weeks under

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chapters 39 -- 41 of this title for which week or weeks that individual is or may be eligible for

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benefits under chapters 29 -- 38 of this title, that notice shall constitute a lien upon any pending

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award, order, or settlement to that individual under chapters 29 -- 38 of this title.

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      (2) The employer or his insurance carrier shall be required to reimburse the director, for

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the temporary disability insurance fund, the amount of benefits and/or dependents' allowances

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received by the individual under chapters 39 -- 41 of this title, for any week or weeks for which

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that award, order, or settlement is made.

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      (c) Whenever an individual becomes entitled to or is awarded workers' compensation

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benefits for the same week or weeks with respect to which he has received benefits and/or

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dependents' allowances under chapters 39 -- 41 of this title, and notice of that receipt has been

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given to the division of workers' compensation of the department of labor and training and/or the

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workers' compensation court, the division or court is required to and shall incorporate in the

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award, order, or approval of settlement, an order requiring the employer or his or her insurance

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carrier to reimburse the director, for the temporary disability insurance fund, the amount of any

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disability benefits and/or dependents' allowances which may have been paid to the employee for

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unemployment due to sickness for those weeks under chapters 39 -- 41 of this title. Nothing

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herein shall be construed to deny benefits under this chapter to individuals who receive a lump

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sum settlement pursuant to section 28-33-25 and subsequently apply for benefits under this

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chapter as long as the sickness or illness is materially different from the one for which the

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individual was paid workers' compensation, is not affected by said injury and/or the medical

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condition did not result from the injury for which the employee was paid workers' compensation

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benefits.

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      (d) If, through inadvertence, error, or mistake, an individual has received benefit

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payments and/or dependents' allowances for any week or weeks under chapters 39 -- 41 of this

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title, and has also received payments for the same week or weeks under any workers'

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compensation law of this state, any other state, or of the federal government, he or she shall, in

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the discretion of the director of the department of labor and training, be liable to have that sum

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deducted from any benefits payable to him or her under chapters 39 -- 41 of this title, or shall be

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liable to repay to the director, for the temporary disability insurance fund, a sum equal to that

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amount received, and that sum shall be collectible in the manner provided in section 28-40-12 for

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the collection of past due contributions.

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      (e) Notwithstanding any other provision of this section, no individual who, prior to

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September 1, 1969, has sustained an injury by reason of which he or she may be eligible for

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benefits under chapters 29-38 of this title shall be deprived of any rights which he or she may

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have under chapters 39 -- 41 of this title.

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     SECTION 2. This act shall take effect upon passage.

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LC02462

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE BENEFITS

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     This act would provide that no person would be denied temporary disability insurance

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benefits or waiting period credit benefits or dependents’ benefits if the person has received a

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lump sum settlement for a workers’ compensation injury, which injury is materially different

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from the present temporary disability injury and/or medical condition.

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     This act would take effect upon passage.

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LC02462

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