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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 1546 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Proposed Bill No. 5943 |
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| 6 | 6 | | January Session, 2021 |
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| 7 | 7 | | LCO No. 1546 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | REP. PAVALOCK-D'AMATO, 77th Dist. |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | AN ACT CONCERNING WORKERS' COMPENSATION INSURANCE |
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| 19 | 19 | | AND EXCLUDING FROM AN EMPLOYER’S TRADE OR BUSINESS |
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| 20 | 20 | | CONTRACTED WORK THAT IS SPECIALIZED AND IS NOT |
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| 21 | 21 | | REGULARLY AND ROUTINELY UNDERTAKEN BY THE EMPLOYER’S |
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| 22 | 22 | | EMPLOYEES. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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| 24 | 24 | | Assembly convened: |
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| 25 | 25 | | |
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| 26 | 26 | | That section 31-291 of the general statutes be amended to specify that 1 |
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| 27 | 27 | | when any principal employer procures any work to be done wholly or 2 |
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| 28 | 28 | | in part for him by a contractor, or through him by a subcontractor, and 3 |
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| 29 | 29 | | the work so procured to be done is a part or process in the trade or 4 |
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| 30 | 30 | | business of such principal employer, and is performed in, on or about 5 |
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| 31 | 31 | | premises under his control, such principal employer shall be liable to 6 |
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| 32 | 32 | | pay all compensation under this chapter to the same extent as if the 7 |
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| 33 | 33 | | work were done without the intervention of such contractor or 8 |
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| 34 | 34 | | subcontractor. Specifically excluded from the employer's trade or 9 |
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| 35 | 35 | | business is contracted work that is specialized and is not regularly and 10 |
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| 36 | 36 | | routinely undertaken by the employer's employees. The provisions of 11 |
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| 37 | 37 | | said section shall not extend immunity to any principal employer from 12 |
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| 38 | 38 | | a civil action brought by an injured employee or his dependent under 13 Proposed Bill No. 5943 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LCO No. 1546 2 of 2 |
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| 42 | 42 | | |
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| 43 | 43 | | the provisions of section 31-293 of the general statutes to recover 14 |
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| 44 | 44 | | damages resulting from personal injury or wrongful death occurring on 15 |
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| 45 | 45 | | or after May 28, 1988, unless such principal employer has paid 16 |
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| 46 | 46 | | compensation benefits under this chapter to such injured employee or 17 |
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| 47 | 47 | | his dependent for the injury or death which is the subject of the action.18 |
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| 48 | 48 | | Statement of Purpose: |
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| 49 | 49 | | To amend section 31-291 of the general statutes to specifically exclude |
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| 50 | 50 | | from an employer's trade or business contracted work that is specialized |
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| 51 | 51 | | and is not regularly and routinely undertaken by the employer's |
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| 52 | 52 | | employees. |
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