Connecticut 2021 Regular Session

Connecticut House Bill HB06478 Compare Versions

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7	7		General Assembly Substitute Bill No. 6478
8	8		January Session, 2021
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14	14		AN ACT CONCERNING WO RKERS' COMPENSATION.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Section 31-308a of the general statutes is repealed and the 1
19	19		following is substituted in lieu thereof (Effective from passage): 2
20	20		(a) In addition to the compensation benefits provided by section 31-3
21	21		308 for specific loss of a member or use of the function of a member of 4
22	22		the body, or any personal injury covered by this chapter, the 5
23	23		commissioner, after such payments provided by said section 31-308 6
24	24		have been paid for the period set forth in said section, may award 7
25	25		additional compensation benefits for such partial permanent disability 8
26	26		equal to seventy-five per cent of the difference between the wages 9
27	27		currently earned by an employee in a position comparable to the 10
28	28		position held by such injured employee prior to his injury, after such 11
29	29		wages have been reduced by any deduction for federal or state taxes, or 12
30	30		both, and for the federal Insurance Contributions Act in accordance with 13
31	31		section 31-310, and the weekly amount which such employee will 14
32	32		probably be able to earn thereafter, after such amount has been reduced 15
33	33		by any deduction for federal or state taxes, or both, and for the federal 16
34	34		Insurance Contributions Act in accordance with section 31-310, to be 17
35	35		determined by the commissioner based upon the nature and extent of 18
36	36		the injury, the training, education and experience of the employee, the 19 Substitute Bill No. 6478
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43	43		availability of work for persons with such physical condition and at the 20
44	44		employee's age, but not more than one hundred per cent, raised to the 21
45	45		next even dollar, of the average weekly earnings of production and 22
46	46		related workers in manufacturing in the state, as determined in 23
47	47		accordance with the provisions of section 31-309. If evidence of exact 24
48	48		loss of earnings is not available, such loss may be computed from the 25
49	49		proportionate loss of physical ability or earning power caused by the 26
50	50		injury. The duration of such additional compensation shall be 27
51	51		determined upon a similar basis by the commissioner, but in no event 28
52	52		shall the duration of such additional compensation exceed the lesser of 29
53	53		(1) [the duration of the employee's permanent partial disability benefits, 30
54	54		or (2) five hundred twenty weeks] five times the duration of the 31
55	55		employee's permanent partial disability benefits, or (2) seven hundred 32
56	56		eighty weeks. The commissioner shall determine whether the 33
57	57		employee's disability is substantial enough to allow for the award of 34
58	58		such benefits past the original duration of the employee's permanent 35
59	59		partial disability benefits. Additional benefits provided under this 36
60	60		section shall be available only to employees who are willing and able to 37
61	61		perform work in this state. 38
62	62		(b) Notwithstanding the provisions of subsection (a) of this section, 39
63	63		additional benefits provided under this section shall be available only 40
64	64		when the nature of the injury and its effect on the earning capacity of an 41
65	65		employee warrant additional compensation. 42
66	66		Sec. 2. Section 31-290a of the general statutes is repealed and the 43
67	67		following is substituted in lieu thereof (Effective from passage): 44
68	68		(a) No employer who is subject to the provisions of this chapter shall: 45
69	69		[discharge,] (1) Discharge or cause to be discharged, or in any manner 46
70	70		discipline or discriminate against any employee because the employee 47
71	71		has filed a claim for workers' compensation benefits or otherwise 48
72	72		exercised the rights afforded to him pursuant to the provisions of this 49
73	73		chapter, or (2) deliberately misinform or otherwise deliberately 50
74	74		dissuade an employee from filing a claim for workers' compensation 51
75	75		benefits. 52 Substitute Bill No. 6478
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82	82		(b) Any employee who is so discharged, disciplined or discriminated 53
83	83		against or who has been deliberately misinformed or dissuaded from 54
84	84		filing a claim for workers' compensation benefits may either: (1) Bring a 55
85	85		civil action in the superior court for the judicial district where the 56
86	86		employer has its principal office for the reinstatement of his previous 57
87	87		job, payment of back wages and reestablishment of employee benefits 58
88	88		to which he would have otherwise been entitled if he had not been 59
89	89		discriminated against or discharged and any other damages caused by 60
90	90		such discrimination or discharge. The court may also award punitive 61
91	91		damages. Any employee who prevails in such a civil action shall be 62
92	92		awarded reasonable attorney's fees and costs to be taxed by the court; 63
93	93		or (2) file a complaint with the chairman of the Workers' Compensation 64
94	94		Commission alleging violation of the provisions of subsection (a) of this 65
95	95		section. Upon receipt of any such complaint, the chairman shall select a 66
96	96		commissioner to hear the complaint, provided any commissioner who 67
97	97		has previously rendered any decision concerning the claim shall be 68
98	98		excluded. The hearing shall be held in the workers' compensation 69
99	99		district where the employer has its principal office. After the hearing, 70
100	100		the commissioner shall send each party a written copy of his decision. 71
101	101		The commissioner may award the employee the reinstatement of his 72
102	102		previous job, payment of back wages and reestablishment of employee 73
103	103		benefits to which he otherwise would have been eligible if he had not 74
104	104		been discriminated against or discharged. Any employee who prevails 75
105	105		in such a complaint shall be awarded reasonable attorney's fees. Any 76
106	106		party aggrieved by the decision of the commissioner may appeal the 77
107	107		decision to the Appellate Court. 78
108	108		Sec. 3. (NEW) (Effective from passage) (a) For the purposes of 79
109	109		adjudication of claims for payment of benefits under the provisions of 80
110	110		chapter 568 of the general statutes, when there is a dispute regarding 81
111	111		whether a request for medical and surgical aid or hospital and nursing 82
112	112		services, including mechanical aids and prescription drugs, is 83
113	113		reasonable or necessary, the employer or insurer shall file a notice of 84
114	114		controversy. A copy of the notice of controversy shall be sent to the 85
115	115		originator of the request. A health care provider, employee or other 86 Substitute Bill No. 6478
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122	122		interested party may request a hearing regarding payment of medical 87
123	123		and related services for determination of any such dispute. 88
124	124		(b) Payment of a medical bill by an employer or insurer shall not be 89
125	125		considered an admission by the employer or the insurer as to the 90
126	126		reasonableness of subsequent medical bills. The provisions of this 91
127	127		section shall not affect the applicability of any notice provision of section 92
128	128		31-294c of the general statutes. 93
129	129		Sec. 4. (NEW) (Effective from passage) (a) For the purpose of 94
130	130		adjudication of claims for payment of benefits under the provisions of 95
131	131		chapter 568 of the general statutes, an employee who died or was unable 96
132	132		to work as a result of contracting COVID-19, or due to symptoms that 97
133	133		were later diagnosed as COVID-19, at any time during (1) the public 98
134	134		health and civil preparedness emergencies declared by the Governor on 99
135	135		March 10, 2020, or any extension of such declarations, or (2) any new 100
136	136		public health and civil preparedness emergencies declared by the 101
137	137		Governor as a result of a COVID-19 outbreak in this state, shall be 102
138	138		presumed to have contracted COVID-19 as an occupational disease 103
139	139		arising out of and in the course of employment, provided (A) the 104
140	140		contraction of COVID-19 by such employee is confirmed by a positive 105
141	141		laboratory test or, if a laboratory test was not available for the employee, 106
142	142		as diagnosed and documented by the employee's licensed physician, 107
143	143		licensed physician assistant or licensed advanced practice registered 108
144	144		nurse, based on the employee's symptoms, and (B) a copy of the positive 109
145	145		laboratory test or the written documentation of the physician's, 110
146	146		physician assistant's or advanced practice registered nurse's diagnosis 111
147	147		is provided to the employer or insurer. For the purposes of this section, 112
148	148		"COVID-19" means the respiratory disease designated by the World 113
149	149		Health Organization on February 11, 2020, as coronavirus 2019, and any 114
150	150		related mutation thereof recognized by the World Health Organization 115
151	151		as a communicable respiratory disease. 116
152	152		(b) The provisions of subsection (a) of this section shall not apply to 117
153	153		an employee who, during the fourteen consecutive days immediately 118
154	154		preceding the date the employee died or was unable to work due to 119 Substitute Bill No. 6478
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161	161		contracting COVID-19 or due to symptoms that were later diagnosed as 120
162	162		COVID-19: (1) Was employed in a capacity where he or she worked 121
163	163		solely from home and did not have physical interaction with other 122
164	164		employees, or (2) was the recipient of an individualized written offer or 123
165	165		directive from his or her employer to work solely from home but 124
166	166		otherwise chose to work at a work site of the employer. 125
167	167		(c) Notwithstanding the definition of "occupational disease" under 126
168	168		section 31-396 of the general statutes, COVID-19 shall be considered an 127
169	169		occupational disease for any employee who was diagnosed with 128
170	170		COVID-19 in accordance with subsection (a) of this section. 129
171	171		(d) The presumption under subsection (a) of this section shall only be 130
172	172		rebutted if the employer or insurer clearly demonstrates by a 131
173	173		preponderance of the evidence that the employment of the individual 132
174	174		was not a direct cause of the occupational disease. The employer or the 133
175	175		insurer, within ten days of filing a notice to contest an employee's rights 134
176	176		to compensation benefits pursuant to section 31-294c of the general 135
177	177		statutes, shall provide evidence to rebut the presumption under 136
178	178		subsection (a) of this section. If a compensation commissioner finds that 137
179	179		such presumption has been rebutted, such commissioner shall decide 138
180	180		the claim on its merits, in accordance with established practices of 139
181	181		causation. For purposes of this section, an employee's preexisting 140
182	182		condition shall have no bearing on the merits of a claim, both with 141
183	183		regard to approving a claim and continuing benefits once benefits have 142
184	184		been awarded. The reapportionment of the levels of the burden of 143
185	185		proofs between the parties is a procedural change intended to apply to 144
186	186		all existing and future COVID-19 claims. 145
187	187		(e) An employee who has contracted COVID-19 but who is not 146
188	188		entitled to the presumption under subsection (a) of this section shall not 147
189	189		be precluded from making a claim as provided in chapter 568 of the 148
190	190		general statutes. 149
191	191		(f) Beginning on July 1, 2021, and ending on January 1, 2023, the 150
192	192		Workers' Compensation Commission shall provide a detailed report on 151 Substitute Bill No. 6478
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199	199		the first business day of each month on COVID -19 workers' 152
200	200		compensation claims and shall provide such reports to the joint 153
201	201		standing committees of the General Assembly having cognizance of 154
202	202		matters relating to labor and insurance. Such monthly reports shall 155
203	203		contain: (1) The number of total COVID-19 workers' compensation 156
204	204		claims filed since May 10, 2020; (2) the number of record-only claims 157
205	205		filed by hospitals, nursing homes, municipalities and other employers, 158
206	206		listed by employer name; (3) the number of COVID-19 workers' 159
207	207		compensation cases filed by state employees in each agency; (4) the 160
208	208		number of such claims contested by each individual employer, 161
209	209		including state agencies, third-party administrators and insurers, by 162
210	210		client; (5) the reasons cited by each employer, including state agencies, 163
211	211		third-party administrators and insurers, by client, for contesting such 164
212	212		claims; (6) the number of claims that have received a hearing by the 165
213	213		Workers' Compensation Commission; (7) the number of: (A) Rulings by 166
214	214		the Workers' Compensation Commission regarding such claims that 167
215	215		have been appealed, (B) approved voluntary agreements, (C) findings 168
216	216		and awards, (D) findings and dismissals, (E) petitions for review, and 169
217	217		(F) stipulations; (8) the average time it took to schedule an initial hearing 170
218	218		once it has been requested; and (9) the average time it took to adjudicate 171
219	219		contested COVID-19 workers' compensation claims. Employers, 172
220	220		including state agencies, third-party administrators and insurers shall 173
221	221		comply with all requests from the Workers' Compensation Commission 174
222	222		for information required to compile the reports. 175
223	223		Sec. 5. Subsection (a) of section 31-306 of the general statutes is 176
224	224		repealed and the following is substituted in lieu thereof (Effective from 177
225	225		passage): 178
226	226		(a) Compensation shall be paid to dependents on account of death 179
227	227		resulting from an accident arising out of and in the course of 180
228	228		employment or from an occupational disease as follows: 181
229	229		(1) Four thousand dollars shall be paid for burial expenses in any case 182
230	230		in which the employee died on or after October 1, 1988, and before the 183
231	231		effective date of this section, and twenty thousand dollars shall be paid 184 Substitute Bill No. 6478
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238	238		for burial expenses in any case in which the employee died on or after 185
239	239		the effective date of this section. On January 1, 2022, and not later than 186
240	240		each January first thereafter, the compensation for burial benefits shall 187
241	241		be adjusted by the percentage increase between the last complete 188
242	242		calendar year and the previous calendar year in the consumer price 189
243	243		index for urban wage earners and clerical workers in the northeast, with 190
244	244		no seasonal adjustment, as calculated by the United States Department 191
245	245		of Labor's Bureau of Labor Statistics. If there is no one wholly or 192
246	246		partially dependent upon the deceased employee, the burial expenses 193
247	247		[of four thousand dollars] shall be paid to the person who assumes the 194
248	248		responsibility of paying the funeral expenses. 195
249	249		(2) Twenty thousand dollars shall be paid for burial expenses in any 196
250	250		case in which an employee died due to contracting COVID-19 during 197
251	251		(A) the public health and civil preparedness emergencies declared by 198
252	252		the Governor on March 10, 2020, or any extension of such declarations, 199
253	253		or (B) any new public health and civil preparedness emergencies 200
254	254		declared by the Governor as a result of a COVID-19 outbreak in this 201
255	255		state. For the purposes of this subdivision, "COVID-19" means the 202
256	256		respiratory disease designated by the World Health Organization on 203
257	257		February 11, 2020, as coronavirus 2019, and any related mutation thereof 204
258	258		recognized by the World Health Organization as a communicable 205
259	259		respiratory disease. 206
260	260		[(2)] (3) To those wholly dependent upon the deceased employee at 207
261	261		the date of the deceased employee's injury, a weekly compensation 208
262	262		equal to seventy-five per cent of the average weekly earnings of the 209
263	263		deceased calculated pursuant to section 31-310, after such earnings have 210
264	264		been reduced by any deduction for federal or state taxes, or both, and 211
265	265		for the federal Insurance Contributions Act made from such employee's 212
266	266		total wages received during the period of calculation of the employee's 213
267	267		average weekly wage pursuant to said section 31-310, as of the date of 214
268	268		the injury but not more than the maximum weekly compensation rate 215
269	269		set forth in section 31-309 for the year in which the injury occurred or 216
270	270		less than twenty dollars weekly. (A) The weekly compensation rate of 217 Substitute Bill No. 6478
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277	277		each dependent entitled to receive compensation under this section as a 218
278	278		result of death arising from a compensable injury occurring on or after 219
279	279		October 1, 1977, shall be adjusted annually as provided in this 220
280	280		subdivision as of the following October first, and each subsequent 221
281	281		October first, to provide the dependent with a cost-of-living adjustment 222
282	282		in the dependent's weekly compensation rate as determined as of the 223
283	283		date of the injury under section 31-309. If the maximum weekly 224
284	284		compensation rate, as determined under the provisions of said section 225
285	285		31-309, to be effective as of any October first following the date of the 226
286	286		injury, is greater than the maximum weekly compensation rate 227
287	287		prevailing at the date of the injury, the weekly compensation rate which 228
288	288		the injured employee was entitled to receive at the date of the injury or 229
289	289		October 1, 1990, whichever is later, shall be increased by the percentage 230
290	290		of the increase in the maximum weekly compensation rate required by 231
291	291		the provisions of said section 31-309 from the date of the injury or 232
292	292		October 1, 1990, whichever is later, to such October first. The cost-of-233
293	293		living increases provided under this subdivision shall be paid by the 234
294	294		employer without any order or award from the commissioner. The 235
295	295		adjustments shall apply to each payment made in the next succeeding 236
296	296		twelve-month period commencing with the October first next 237
297	297		succeeding the date of the injury. With respect to any dependent 238
298	298		receiving benefits on October 1, 1997, with respect to any injury 239
299	299		occurring on or after July 1, 1993, and before October 1, 1997, such 240
300	300		benefit shall be recalculated to October 1, 1997, as if such benefits had 241
301	301		been subject to recalculation annually under this subparagraph. The 242
302	302		difference between the amount of any benefits that would have been 243
303	303		paid to such dependent if such benefits had been subject to such 244
304	304		recalculation and the actual amount of benefits paid during the period 245
305	305		between such injury and such recalculation shall be paid to the 246
306	306		dependent not later than December 1, 1997, in a lump-sum payment. 247
307	307		The employer or its insurer shall be reimbursed by the Second Injury 248
308	308		Fund, as provided in section 31-354, for adjustments, including lump-249
309	309		sum payments, payable under this subparagraph for deaths from 250
310	310		compensable injuries occurring on or after July 1, 1993, and before 251
311	311		October 1, 1997, upon presentation of any vouchers and information 252 Substitute Bill No. 6478
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318	318		that the Treasurer shall require. No claim for payment of retroactive 253
319	319		benefits may be made to the Second Injury Fund more than two years 254
320	320		after the date on which the employer or its insurer paid such benefits in 255
321	321		accordance with this subparagraph. (B) The weekly compensation rate 256
322	322		of each dependent entitled to receive compensation under this section 257
323	323		as a result of death arising from a compensable injury occurring on or 258
324	324		before September 30, 1977, shall be adjusted as of October 1, 1977, and 259
325	325		October 1, 1980, and thereafter, as provided in this subdivision to 260
326	326		provide the dependent with partial cost-of-living adjustments in the 261
327	327		dependent's weekly compensation rate. As of October 1, 1977, the 262
328	328		weekly compensation rate paid prior to October 1, 1977, to the 263
329	329		dependent shall be increased by twenty-five per cent. The partial cost-264
330	330		of-living adjustment provided under this subdivision shall be paid by 265
331	331		the employer without any order or award from the commissioner. In 266
332	332		addition, on each October first, the weekly compensation rate of each 267
333	333		dependent as of October 1, 1990, shall be increased by the percentage of 268
334	334		the increase in the maximum compensation rate over the maximum 269
335	335		compensation rate of October 1, 1990, as determined under the 270
336	336		provisions of section 31-309 existing on October 1, 1977. The cost of the 271
337	337		adjustments shall be paid by the employer or its insurance carrier who 272
338	338		shall be reimbursed for such cost from the Second Injury Fund as 273
339	339		provided in section 31-354 upon presentation of any vouchers and 274
340	340		information that the Treasurer shall require. No claim for payment of 275
341	341		retroactive benefits may be made to the Second Injury Fund more than 276
342	342		two years after the date on which the employer or its insurance carrier 277
343	343		paid such benefits in accordance with this subparagraph. 278
344	344		[(3)] (4) If the surviving spouse is the sole presumptive dependent, 279
345	345		compensation shall be paid until death or remarriage. 280
346	346		[(4)] (5) If there is a presumptive dependent spouse surviving and 281
347	347		also one or more presumptive dependent children, all of which children 282
348	348		are either children of the surviving spouse or are living with the 283
349	349		surviving spouse, the entire compensation shall be paid to the surviving 284
350	350		spouse in the same manner and for the same period as if the surviving 285 Substitute Bill No. 6478
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357	357		spouse were the sole dependent. If, however, any of the presumptive 286
358	358		dependent children are neither children of the surviving spouse nor 287
359	359		living with the surviving spouse, the compensation shall be divided into 288
360	360		as many parts as there are presumptive dependents. The shares of any 289
361	361		children having a presumptive dependent parent shall be added to the 290
362	362		share of the parent and shall be paid to the parent. The share of any 291
363	363		dependent child not having a surviving dependent parent shall be paid 292
364	364		to the father or mother of the child with whom the child may be living, 293
365	365		or to the legal guardian of the child, or to any other person, for the 294
366	366		benefit of the child, as the commissioner may direct. 295
367	367		[(5)] (6) If the compensation being paid to the surviving presumptive 296
368	368		dependent spouse terminates for any reason, or if there is no surviving 297
369	369		presumptive dependent spouse at the time of the death of the employee, 298
370	370		but there is at either time one or more presumptive dependent children, 299
371	371		the compensation shall be paid to the children as a class, each child 300
372	372		sharing equally with the others. Each child shall receive compensation 301
373	373		until the child reaches the age of eighteen or dies before reaching age 302
374	374		eighteen, provided the child shall continue to receive compensation up 303
375	375		to the attainment of the age of twenty-two if unmarried and a full-time 304
376	376		student, except any child who has attained the age of twenty-two while 305
377	377		a full-time student but has not completed the requirements for, or 306
378	378		received, a degree from a postsecondary educational institution shall be 307
379	379		deemed not to have attained age twenty-two until the first day of the 308
380	380		first month following the end of the quarter or semester in which the 309
381	381		child is enrolled at the time, or if the child is not enrolled in a quarter or 310
382	382		semester system, until the first day of the first month following the 311
383	383		completion of the course in which the child is enrolled or until the first 312
384	384		day of the third month beginning after such time, whichever occurs first. 313
385	385		When a child's participation ceases, such child's share shall be divided 314
386	386		among the remaining eligible dependent children, provided if any child, 315
387	387		when the child reaches the age of eighteen years, is physically or 316
388	388		mentally incapacitated from earning, the child's right to compensation 317
389	389		shall not terminate but shall continue for the full period of incapacity. 318 Substitute Bill No. 6478
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396	396		[(6)] (7) In all cases where there are no presumptive dependents, but 319
397	397		where there are one or more persons wholly dependent in fact, the 320
398	398		compensation in case of death shall be divided according to the relative 321
399	399		degree of their dependence. Compensation payable under th is 322
400	400		subdivision shall be paid for not more than three hundred and twelve 323
401	401		weeks from the date of the death of the employee. The compensation, if 324
402	402		paid to those wholly dependent in fact, shall be paid at the full 325
403	403		compensation rate. The compensation, if paid to those partially 326
404	404		dependent in fact upon the deceased employee as of the date of the 327
405	405		injury, shall not, in total, be more than the full compensation rate nor 328
406	406		less than twenty dollars weekly, nor, if the average weekly sum 329
407	407		contributed by the deceased at the date of the injury to those partially 330
408	408		dependent in fact is more than twenty dollars weekly, not more than the 331
409	409		sum so contributed. 332
410	410		[(7)] (8) When the sole presumptive dependents are, at the time of the 333
411	411		injury, nonresident aliens and the deceased has in this state some person 334
412	412		or persons who are dependent in fact, the commissioner may in the 335
413	413		commissioner's discretion equitably apportion the sums payable as 336
414	414		compensation to the dependents. 337
415	415		This act shall take effect as follows and shall amend the following
416	416		sections:
417	417
418	418		Section 1 from passage 31-308a
419	419		Sec. 2 from passage 31-290a
420	420		Sec. 3 from passage New section
421	421		Sec. 4 from passage New section
422	422		Sec. 5 from passage 31-306(a)
423	423
	424	+	Statement of Legislative Commissioners:
	425	+	In Section 4(d), "It is further understood that the reapportioning" was
	426	+	changed to "The reapportionment" for consistency with standard
	427	+	drafting conventions.
424	428
425	429		LAB Joint Favorable Subst.
426		-	APP Joint Favorable
427	430