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General Assembly Raised Bill No. 6478
January Session, 2021
LCO No. 3441
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING WO RKERS' COMPENSATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-308a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) In addition to the compensation benefits provided by section 31-3
308 for specific loss of a member or use of the function of a member of 4
the body, or any personal injury covered by this chapter, the 5
commissioner, after such payments provided by said section 31-308 6
have been paid for the period set forth in said section, may award 7
additional compensation benefits for such partial permanent disability 8
equal to seventy-five per cent of the difference between the wages 9
currently earned by an employee in a position comparable to the 10
position held by such injured employee prior to his injury, after such 11
wages have been reduced by any deduction for federal or state taxes, or 12
both, and for the federal Insurance Contributions Act in accordance with 13
section 31-310, and the weekly amount which such employee will 14
probably be able to earn thereafter, after such amount has been reduced 15
by any deduction for federal or state taxes, or both, and for the federal 16 Raised Bill No. 6478
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Insurance Contributions Act in accordance with section 31-310, to be 17
determined by the commissioner based upon the nature and extent of 18
the injury, the training, education and experience of the employee, the 19
availability of work for persons with such physical condition and at the 20
employee's age, but not more than one hundred per cent, raised to the 21
next even dollar, of the average weekly earnings of production and 22
related workers in manufacturing in the state, as determined in 23
accordance with the provisions of section 31-309. If evidence of exact 24
loss of earnings is not available, such loss may be computed from the 25
proportionate loss of physical ability or earning power caused by the 26
injury. The duration of such additional compensation shall be 27
determined upon a similar basis by the commissioner, but in no event 28
shall the duration of such additional compensation exceed [the lesser of 29
(1) the duration of the employee's permanent partial disability benefits, 30
or (2) five hundred twenty weeks] the lesser of (1) five times the 31
duration of the employee's permanent partial disability benefits, or (2) 32
seven hundred eighty weeks. The commissioner shall determine 33
whether the employee's disability is substantial enough to allow for the 34
award of such benefits past the original duration of the employee's 35
permanent partial disability benefits. Additional benefits provided 36
under this section shall be available only to employees who are willing 37
and able to perform work in this state. 38
(b) Notwithstanding the provisions of subsection (a) of this section, 39
additional benefits provided under this section shall be available only 40
when the nature of the injury and its effect on the earning capacity of an 41
employee warrant additional compensation. 42
Sec. 2. Section 31-290a of the general statutes is repealed and the 43
following is substituted in lieu thereof (Effective from passage): 44
(a) No employer who is subject to the provisions of this chapter shall: 45
(1) [discharge] Discharge, or cause to be discharged, or in any manner 46
discipline or discriminate against any employee because the employee 47
has filed a claim for workers' compensation benefits or otherwise 48
exercised the rights afforded to him pursuant to the provisions of this 49 Raised Bill No. 6478
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chapter, or (2) deliberately misinform or otherwise deliberately 50
dissuade an employee from filing a claim for workers' compensation 51
benefits. 52
(b) Any employee who is so discharged, disciplined or discriminated 53
against or has been deliberately misinformed or dissuaded from filing a 54
claim for workers' compensation benefits may either: (1) Bring a civil 55
action in the superior court for the judicial district where the employer 56
has its principal office for the reinstatement of his previous job, payment 57
of back wages and reestablishment of employee benefits to which he 58
would have otherwise been entitled if he had not been discriminated 59
against or discharged and any other damages caused by such 60
discrimination or discharge. The court may also award punitive 61
damages. Any employee who prevails in such a civil action shall be 62
awarded reasonable attorney's fees and costs to be taxed by the court; 63
or (2) file a complaint with the chairman of the Workers' Compensation 64
Commission alleging violation of the provisions of subsection (a) of this 65
section. Upon receipt of any such complaint, the chairman shall select a 66
commissioner to hear the complaint, provided any commissioner who 67
has previously rendered any decision concerning the claim shall be 68
excluded. The hearing shall be held in the workers' compensation 69
district where the employer has its principal office. After the hearing, 70
the commissioner shall send each party a written copy of his decision. 71
The commissioner may award the employee the reinstatement of his 72
previous job, payment of back wages and reestablishment of employee 73
benefits to which he otherwise would have been eligible if he had not 74
been discriminated against or discharged. Any employee who prevails 75
in such a complaint shall be awarded reasonable attorney's fees. Any 76
party aggrieved by the decision of the commissioner may appeal the 77
decision to the Appellate Court. 78
Sec. 3. (NEW) (Effective from passage) (a) For purposes of adjudication 79
of claims for payment of benefits under the provisions of chapter 568 of 80
the general statutes, when there is a dispute regarding whether a request 81
for medical, surgical and hospital services, nursing, medicines and 82
mechanical and surgical aids is reasonable or necessary, the employer 83 Raised Bill No. 6478
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or insurer shall file a notice of controversy. A copy of the notice of 84
controversy shall be sent to the originator of the request. A health care 85
provider, employee or other interested party shall be entitled to file a 86
petition by requesting a hearing regarding payment of medical and 87
related services for determination of any such dispute. 88
(b) Payment of a medical bill shall not be considered an admission by 89
the employer or the insurer as to the reasonableness of subsequent 90
medical bills. The provisions of this subsection shall not affect the 91
applicability of any notice provision of section 31-294c of the general 92
statutes. 93
Sec. 4. (NEW) (Effective from passage) (a) Understanding that COVID-94
19 is an occupational disease, for the purpose of adjudication of claims 95
for payment of benefits under the provisions of chapter 568 of the 96
general statutes, an employee who was unable to work at any time 97
during the time period of the public health and civil preparedness 98
emergency declared by the Governor, during any extension of such time 99
period, and during any new public health and civil preparedness 100
emergency declared by the Governor as a result of a COVID-19 outbreak 101
in this state due to a diagnosis of COVID-19, or due to symptoms that 102
were later diagnosed as COVID-19, shall be presumed to have 103
contracted the COVID-19 virus as an occupational disease arising out of 104
and in the course of employment, provided (1) the contraction of 105
COVID-19 by such employee shall be confirmed by a positive laboratory 106
test or, if a laboratory test was not available for the employee, as 107
diagnosed and documented by the employee's licensed physician, 108
licensed physician's assistant or licensed advanced practice registered 109
nurse, based on the employee's symptoms; and (2) a copy of the positive 110
laboratory test or the written documentation of the physician's, 111
physician assistant's or advanced practice registered nurse's diagnosis 112
shall be provided to the employer or insurer. 113
(b) The provisions of subsection (a) of this section shall not apply to 114
an employee who, during the fourteen consecutive days immediately 115
preceding the date of injury: (1) Was employed in a capacity where he 116 Raised Bill No. 6478
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or she worked solely from home and did not have physical interaction 117
with other employees or work-related supplies or materials of the 118
employer, or (2) was the recipient of an individualized written offer or 119
directive from his or her employer to work solely from home, but 120
otherwise chose to work at a work site of the employer. 121
(c) Notwithstanding the definition for "occupational disease" as 122
defined in section 31-396 of the general statutes, COVID-19 shall be 123
considered an occupational disease for any worker who was diagnosed 124
with COVID-19 in accordance with subsection (a) of this section. 125
(d) The presumption in subsection (a) of this section shall only be 126
rebutted if the employer or insurer can clearly demonstrate by a 127
preponderance of the evidence that the employment of the individual 128
was not a direct cause of the occupational disease. The employer or the 129
insurer, within ten days of filing the notice of intention to contest 130
employee's rights to compensation benefits, shall provide evidence to 131
rebut the presumption in subsection (a) of this section. If a commissioner 132
finds that such presumption has been rebutted, such commissioner shall 133
decide the claim on its merits, in accordance with established practices 134
of causation. For purposes of this section, an employee's preexisting 135
condition shall have no bearing on the merits of a claim, both with 136
regard to approving a claim and continuing benefits once they have 137
been awarded. 138
(e) For purposes of this section, the date of injury for an employee 139
who has contracted COVID-19 shall be the date that the employee was 140
unable to work or died due to a diagnosis of COVID-19 or due to 141
symptoms that were later diagnosed as COVID-19, whichever occurred 142
first. 143
(f) Beginning on July 1, 2021, and ending on January 1, 2023, the 144
Workers' Compensation Commission shall provide a detailed report on 145
the first business day of each month on COVID -19 workers' 146
compensation claims and shall provide such reports to the joint 147
standing committees of the General Assembly having cognizance of 148 Raised Bill No. 6478
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matters relating to labor and insurance. Such monthly reports shall 149
contain: (1) The number of total COVID-19 workers' compensation 150
claims filed since May 10, 2020, (2) the number of record-only claims 151
filed by hospitals, nursing homes, municipalities and other employers, 152
listed by employer name, (3) the number of COVID-19 workers' 153
compensation cases filed by state employees in each agency, (4) the 154
number of such claims contested by each individual employer, 155
including state agencies, third-party administrators or insurance 156
carriers by client, (5) the reasons cited by each employer, including state 157
agencies, third-party administrators or insurance carriers by client for 158
contesting such claims, (6) the number of claims that have received a 159
hearing by the Workers' Compensation Commission, (7) the number of: 160
(A) Rulings by the Workers' Compensation Commission regarding such 161
claims that have been appealed, (B) approved voluntary agreements, (C) 162
finding and awards, (D) finding and dismissals, (E) petitions for review, 163
(F) stipulations, (8) the average time it takes to schedule an initial 164
hearing once it has been requested, and (9) the average time it takes to 165
adjudicate contested COVID-19 workers' compensation claims. 166
Employers, including state agencies, third-party administrators and 167
insurance carriers shall comply with all requests from the Workers' 168
Compensation Commission for information required to compile these 169
reports. 170
(g) An employee who has contracted COVID-19 but who is not 171
entitled to the presumption under subsection (a) of this section shall not 172
be precluded from making a claim as provided in chapter 568 of the 173
general statutes. 174
Sec. 5. Subsection (a) of section 31-306 of the general statutes is 175
repealed and the following is substituted in lieu thereof (Effective from 176
passage): 177
(a) Compensation shall be paid to dependents on account of death 178
resulting from an accident arising out of and in the course of 179
employment or from an occupational disease as follows: 180 Raised Bill No. 6478
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(1) [Four] Twenty thousand dollars shall be paid for burial expenses 181
in any case in which the employee died on or after October 1, 1988. On 182
January 1, 2022, and not later than each January first thereafter, the 183
compensation for burial benefits shall be adjusted by the percentage 184
increase between the last complete calendar year and the previous 185
calendar year in the consumer price index for urban wage earners and 186
clerical workers in the northeast urban area of New York-Northern New 187
Jersey-Long Island, NY-NJ-CT-PA, with no seasonal adjustment, as 188
calculated by the United States Department of Labor's Bureau of Labor 189
Statistics. If there is no one wholly or partially dependent upon the 190
deceased employee, the burial expenses [of four thousand dollars] shall 191
be paid to the person who assumes the responsibility of paying the 192
funeral expenses. 193
(2) Twenty thousand dollars shall be paid for burial expenses in any 194
case in which an employee died due to a diagnosis of COVID-19 for 195
dates of injury pursuant to subdivision (3) of this subsection to the 196
effective date of this section. 197
[(2)] (3) To those wholly dependent upon the deceased employee at 198
the date of the deceased employee's injury, a weekly compensation 199
equal to seventy-five per cent of the average weekly earnings of the 200
deceased calculated pursuant to section 31-310, after such earnings have 201
been reduced by any deduction for federal or state taxes, or both, and 202
for the federal Insurance Contributions Act made from such employee's 203
total wages received during the period of calculation of the employee's 204
average weekly wage pursuant to said section 31-310, as of the date of 205
the injury but not more than the maximum weekly compensation rate 206
set forth in section 31-309 for the year in which the injury occurred or 207
less than twenty dollars weekly. (A) The weekly compensation rate of 208
each dependent entitled to receive compensation under this section as a 209
result of death arising from a compensable injury occurring on or after 210
October 1, 1977, shall be adjusted annually as provided in this 211
subdivision as of the following October first, and each subsequent 212
October first, to provide the dependent with a cost-of-living adjustment 213
in the dependent's weekly compensation rate as determined as of the 214 Raised Bill No. 6478
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date of the injury under section 31-309. If the maximum weekly 215
compensation rate, as determined under the provisions of said section 216
31-309, to be effective as of any October first following the date of the 217
injury, is greater than the maximum weekly compensation rate 218
prevailing at the date of the injury, the weekly compensation rate which 219
the injured employee was entitled to receive at the date of the injury or 220
October 1, 1990, whichever is later, shall be increased by the percentage 221
of the increase in the maximum weekly compensation rate required by 222
the provisions of said section 31-309 from the date of the injury or 223
October 1, 1990, whichever is later, to such October first. The cost-of-224
living increases provided under this subdivision shall be paid by the 225
employer without any order or award from the commissioner. The 226
adjustments shall apply to each payment made in the next succeeding 227
twelve-month period commencing with the October first next 228
succeeding the date of the injury. With respect to any dependent 229
receiving benefits on October 1, 1997, with respect to any injury 230
occurring on or after July 1, 1993, and before October 1, 1997, such 231
benefit shall be recalculated to October 1, 1997, as if such benefits had 232
been subject to recalculation annually under this subparagraph. The 233
difference between the amount of any benefits that would have been 234
paid to such dependent if such benefits had been subject to such 235
recalculation and the actual amount of benefits paid during the period 236
between such injury and such recalculation shall be paid to the 237
dependent not later than December 1, 1997, in a lump-sum payment. 238
The employer or its insurer shall be reimbursed by the Second Injury 239
Fund, as provided in section 31-354, for adjustments, including lump-240
sum payments, payable under this subparagraph for deaths from 241
compensable injuries occurring on or after July 1, 1993, and before 242
October 1, 1997, upon presentation of any vouchers and information 243
that the Treasurer shall require. No claim for payment of retroactive 244
benefits may be made to the Second Injury Fund more than two years 245
after the date on which the employer or its insurer paid such benefits in 246
accordance with this subparagraph. (B) The weekly compensation rate 247
of each dependent entitled to receive compensation under this section 248
as a result of death arising from a compensable injury occurring on or 249 Raised Bill No. 6478
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before September 30, 1977, shall be adjusted as of October 1, 1977, and 250
October 1, 1980, and thereafter, as provided in this subdivision to 251
provide the dependent with partial cost-of-living adjustments in the 252
dependent's weekly compensation rate. As of October 1, 1977, the 253
weekly compensation rate paid prior to October 1, 1977, to the 254
dependent shall be increased by twenty-five per cent. The partial cost-255
of-living adjustment provided under this subdivision shall be paid by 256
the employer without any order or award from the commissioner. In 257
addition, on each October first, the weekly compensation rate of each 258
dependent as of October 1, 1990, shall be increased by the percentage of 259
the increase in the maximum compensation rate over the maximum 260
compensation rate of October 1, 1990, as determined under the 261
provisions of section 31-309 existing on October 1, 1977. The cost of the 262
adjustments shall be paid by the employer or its insurance carrier who 263
shall be reimbursed for such cost from the Second Injury Fund as 264
provided in section 31-354 upon presentation of any vouchers and 265
information that the Treasurer shall require. No claim for payment of 266
retroactive benefits may be made to the Second Injury Fund more than 267
two years after the date on which the employer or its insurance carrier 268
paid such benefits in accordance with this subparagraph. 269
[(3)] (4) If the surviving spouse is the sole presumptive dependent, 270
compensation shall be paid until death or remarriage. 271
[(4)] (5) If there is a presumptive dependent spouse surviving and 272
also one or more presumptive dependent children, all of which children 273
are either children of the surviving spouse or are living with the 274
surviving spouse, the entire compensation shall be paid to the surviving 275
spouse in the same manner and for the same period as if the surviving 276
spouse were the sole dependent. If, however, any of the presumptive 277
dependent children are neither children of the surviving spouse nor 278
living with the surviving spouse, the compensation shall be divided into 279
as many parts as there are presumptive dependents. The shares of any 280
children having a presumptive dependent parent shall be added to the 281
share of the parent and shall be paid to the parent. The share of any 282
dependent child not having a surviving dependent parent shall be paid 283 Raised Bill No. 6478
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to the father or mother of the child with whom the child may be living, 284
or to the legal guardian of the child, or to any other person, for the 285
benefit of the child, as the commissioner may direct. 286
[(5)] (6) If the compensation being paid to the surviving presumptive 287
dependent spouse terminates for any reason, or if there is no surviving 288
presumptive dependent spouse at the time of the death of the employee, 289
but there is at either time one or more presumptive dependent children, 290
the compensation shall be paid to the children as a class, each child 291
sharing equally with the others. Each child shall receive compensation 292
until the child reaches the age of eighteen or dies before reaching age 293
eighteen, provided the child shall continue to receive compensation up 294
to the attainment of the age of twenty-two if unmarried and a full-time 295
student, except any child who has attained the age of twenty-two while 296
a full-time student but has not completed the requirements for, or 297
received, a degree from a postsecondary educational institution shall be 298
deemed not to have attained age twenty-two until the first day of the 299
first month following the end of the quarter or semester in which the 300
child is enrolled at the time, or if the child is not enrolled in a quarter or 301
semester system, until the first day of the first month following the 302
completion of the course in which the child is enrolled or until the first 303
day of the third month beginning after such time, whichever occurs first. 304
When a child's participation ceases, such child's share shall be divided 305
among the remaining eligible dependent children, provided if any child, 306
when the child reaches the age of eighteen years, is physically or 307
mentally incapacitated from earning, the child's right to compensation 308
shall not terminate but shall continue for the full period of incapacity. 309
[(6)] (7) In all cases where there are no presumptive dependents, but 310
where there are one or more persons wholly dependent in fact, the 311
compensation in case of death shall be divided according to the relative 312
degree of their dependence. Compensation payable under this 313
subdivision shall be paid for not more than three hundred and twelve 314
weeks from the date of the death of the employee. The compensation, if 315
paid to those wholly dependent in fact, shall be paid at the full 316
compensation rate. The compensation, if paid to those partially 317 Raised Bill No. 6478
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dependent in fact upon the deceased employee as of the date of the 318
injury, shall not, in total, be more than the full compensation rate nor 319
less than twenty dollars weekly, nor, if the average weekly sum 320
contributed by the deceased at the date of the injury to those partially 321
dependent in fact is more than twenty dollars weekly, not more than the 322
sum so contributed. 323
[(7)] (8) When the sole presumptive dependents are, at the time of the 324
injury, nonresident aliens and the deceased has in this state some person 325
or persons who are dependent in fact, the commissioner may in the 326
commissioner's discretion equitably apportion the sums payable as 327
compensation to the dependents. 328
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 31-308a
Sec. 2 from passage 31-290a
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage 31-306(a)
Statement of Purpose:
To address various issues concerning workers' compensation.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]