66 | | - | Public Act No. 22-139 3 of 5 |
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| 41 | + | tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate 18 |
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| 42 | + | or testicular cancer that results in death or temporary or permanent total 19 |
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| 43 | + | or partial disability. 20 |
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| 44 | + | (b) Notwithstanding any provision of the general statutes, a 21 |
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| 45 | + | firefighter's diagnosis of cancer shall be presumed to arise out of and in 22 |
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| 46 | + | the course of employment as the result of exposures particular to the 23 |
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| 47 | + | duties performed as a firefighter for any condition of cancer affecting 24 |
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| 48 | + | the brain, skin, skeletal system, digestive system, endocrine system, 25 |
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| 49 | + | respiratory system, lymphatic system, reproductive system, urinary 26 |
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| 50 | + | system or hematological system that results in death, or temporary or 27 |
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| 51 | + | permanent total or partial disability. This presumption shall only be 28 |
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| 52 | + | rebutted by clear and convincing evidence of any of the following: (1) 29 |
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| 53 | + | The firefighter had a physical examination upon entry into such service, 30 |
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| 54 | + | or subsequent to entry, as the case may be, that revealed evidence of the 31 |
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| 55 | + | claimed cancer; (2) the firefighter has failed to submit to annual physical 32 |
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| 56 | + | examinations subsequent to entry into such service or that subsequent 33 |
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| 57 | + | physical examinations have revealed evidence of such cancer or a 34 |
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| 58 | + | propensity for such cancer; (3) such firefighter has used cigarettes, as 35 |
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| 59 | + | defined in section 12-285, or any other tobacco products, as defined in 36 |
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| 60 | + | section 12-330a, within fifteen years of the diagnosis of the claimed 37 |
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| 61 | + | cancer; (4) such firefighter has worked less than at least five years on or 38 |
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| 62 | + | after February 1, 2017, as (A) an interior structural firefighter at a paid 39 |
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| 63 | + | municipal, state or volunteer fire department, or (B) a local fire marshal, 40 |
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| 64 | + | deputy fire marshal, fire investigator, fire inspector or such other class 41 |
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| 65 | + | of inspector or investigator for whom the State Fire Marshal and the 42 |
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| 66 | + | Codes and Standards Committee, acting jointly, have adopted 43 |
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| 67 | + | minimum standards of qualification pursuant to section 29-298, at the 44 |
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| 68 | + | time such cancer is discovered, or should have been discovered; (5) the 45 |
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| 69 | + | firefighter has not used respiratory protection and other personal 46 |
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| 70 | + | protective equipment as described in the federal Occupational Safety 47 |
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| 71 | + | and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 48 |
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| 72 | + | CFR 1910.156 for a period of five consecutive years; or (6) the claimed 49 |
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| 73 | + | cancer is not one that is known to result from exposure to heat, radiation 50 |
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| 74 | + | or a known carcinogen as determined by the International Agency for 51 Substitute Bill No. 313 |
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100 | | - | at the regular hourly or weekly rate for the firefighter to an employee |
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101 | | - | welfare plan, shall provide to the firefighter equivalent insurance |
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102 | | - | coverage or welfare plan payments or contributions while the firefighter |
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103 | | - | is eligible to receive or is receiving wage replacement compensation |
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104 | | - | under this section. As used in this section, "employee welfare plan" |
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105 | | - | means any plan established or maintained for such firefighter or such |
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106 | | - | firefighter's family or dependents, or for both, for medical, surgical or |
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107 | | - | hospital care benefits. |
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108 | | - | [(g)] (h) The State Treasurer shall remit wage replacement benefits |
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109 | | - | that are approved by the subcommittee from the firefighters cancer |
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110 | | - | relief account established pursuant to section 7-313h not later than thirty |
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111 | | - | days after such benefits have been approved. |
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112 | | - | Sec. 4. (Effective from passage) The Comptroller shall conduct a study |
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113 | | - | to assess the feasibility of providing pension benefits in circumstances |
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114 | | - | when a firefighter's pension maturity or number of years of service |
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115 | | - | required for the firefighter to receive pension benefits is not met because |
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116 | | - | of an early retirement due to a qualifying work-related cancer or death. |
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117 | | - | Such study shall include an examination of the feasibility of |
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118 | | - | implementing a prorated benefit for such instances. The Comptroller |
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119 | | - | shall report the results of such study and any recommended legislation |
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120 | | - | to the joint standing committee of the General Assembly having |
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121 | | - | cognizance of matters relating to labor. |
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122 | | - | Sec. 5. (NEW) (Effective January 1, 2024) (a) Each municipality within |
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123 | | - | the state shall annually contribute, not later than December fifteenth of |
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124 | | - | each year, ten dollars per firefighter within such municipality's district |
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125 | | - | to the firefighters cancer relief account established pursuant to section |
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126 | | - | 7-313h of the general statutes. |
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127 | | - | (b) Municipality contributions shall be based on the current number |
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128 | | - | of career and volunteer firefighters within the municipality at the time |
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129 | | - | of contribution. Substitute Senate Bill No. 313 |
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| 81 | + | Research on Cancer or the National Toxicology Program of the United 52 |
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| 82 | + | States Department of Health and Human Services. For purposes of this 53 |
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| 83 | + | subsection, "interior structural firefighter" means an individual who 54 |
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| 84 | + | performs fire suppression, rescue or both, inside of buildings or 55 |
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| 85 | + | enclosed structures that are involved in a fire situation beyond the 56 |
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| 86 | + | incipient stage, as defined in 29 CFR 1910.155. 57 |
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| 87 | + | (c) Any individual, who is no longer actively serving as a firefighter 58 |
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| 88 | + | but who otherwise would fall within the provisions of subsection (a) of 59 |
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| 89 | + | this section, may apply for benefits under the provisions of this chapter 60 |
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| 90 | + | not later than five years after the date such individual last served as a 61 |
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| 91 | + | firefighter. 62 |
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| 92 | + | (d) A firefighter or other individual, who is eligible for benefits 63 |
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| 93 | + | pursuant to subsection (a) or (b) of this section, shall be required to 64 |
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| 94 | + | submit to annual physical examinations, including blood testing, during 65 |
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| 95 | + | the firefighter or other individual's active service and for a period of five 66 |
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| 96 | + | years after the date such firefighter or other individual last served as a 67 |
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| 97 | + | firefighter as a condition of receiving such benefits. An individual who 68 |
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| 98 | + | no longer serves as a firefighter shall bear the cost of any physical 69 |
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| 99 | + | examination required under this subsection. 70 |
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| 100 | + | (e) As an alternative to workers' compensation coverage for work 71 |
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| 101 | + | related cancer, a fire department may purchase a separate, private 72 |
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| 102 | + | insurance policy to cover firefighters' illnesses or injuries arising out of 73 |
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| 103 | + | and in the course of employment. Such policy shall provide benefits that 74 |
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| 104 | + | are comparable, or better, than workers' compensation benefits. 75 |
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| 105 | + | Sec. 3. (NEW) (Effective from passage) The Workers' Compensation 76 |
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| 106 | + | Commission shall maintain a record of all workers' compensation 77 |
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| 107 | + | claims made by firefighters due to a cancer diagnosis. Not later than 78 |
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| 108 | + | January first of each year, the Workers' Compensation Commission 79 |
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| 109 | + | shall submit a report summarizing such records to the joint standing 80 |
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| 110 | + | committee of the General Assembly having cognizance of matters 81 |
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| 111 | + | relating to labor. 82 Substitute Bill No. 313 |
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133 | | - | (c) Municipalities shall only contribute funds for firefighters that: (1) |
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134 | | - | Have submitted to annual physical examinations subsequent to entry |
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135 | | - | into such service that have failed to reveal any evidence of such cancer |
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136 | | - | or a propensity for such cancer; (2) have not used any cigarettes, as |
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137 | | - | defined in section 12-285 of the general statutes, or any other tobacco |
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138 | | - | products, as defined in section 12-330a of the general statutes, within |
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139 | | - | fifteen years; (3) have worked for not less than five years as (A) an |
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140 | | - | interior structural firefighter at a paid municipal, state or volunteer fire |
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141 | | - | department, or (B) a local fire marshal, deputy fire marshal, fire |
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142 | | - | investigator, fire inspector or such other class of inspector or |
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143 | | - | investigator for whom the State Fire Marshal and the Codes and |
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144 | | - | Standards Committee, acting jointly, have adopted minimum standards |
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145 | | - | of qualification pursuant to section 29-298 of the general statutes. |
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| 118 | + | Sec. 4. Section 7-313i of the general statutes is repealed and the 83 |
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| 119 | + | following is substituted in lieu thereof (Effective from passage): 84 |
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| 120 | + | (a) There is established a firefighters cancer relief subcommittee of 85 |
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| 121 | + | the Connecticut State Firefighters Association that shall consist of one 86 |
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| 122 | + | member from the Connecticut State Firefighters Association, one 87 |
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| 123 | + | member from the Connecticut Fire Chiefs Association, one member 88 |
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| 124 | + | from the Uniformed Professional Firefighters of the International 89 |
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| 125 | + | Association of Firefighters, one member from the Connecticut Fire 90 |
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| 126 | + | Marshals Association, and one member from the Connecticut 91 |
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| 127 | + | Conference of Municipalities. Such subcommittee shall review claims 92 |
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| 128 | + | for wage replacement benefits submitted to the firefighters cancer relief 93 |
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| 129 | + | program established pursuant to section 7-313j and provide wage 94 |
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| 130 | + | replacement benefits, in accordance with the provisions of subsection 95 |
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| 131 | + | (b) of section 3-123, to any firefighter who the subcommittee determines 96 |
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| 132 | + | is eligible for such wage replacement benefits pursuant to the provisions 97 |
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| 133 | + | of section 7-313j. The subcommittee may determine the weekly wage 98 |
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| 134 | + | replacement benefits provided to a firefighter in accordance with the 99 |
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| 135 | + | provisions of this chapter and chapter 568. 100 |
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| 136 | + | (b) A firefighter who is approved for wage replacement benefits by 101 |
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| 137 | + | the subcommittee pursuant to subsection (a) of this section shall be 102 |
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| 138 | + | eligible for such benefits on and after July 1, 2019, and for a period 103 |
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| 139 | + | determined by the subcommittee, provided such period shall not exceed 104 |
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| 140 | + | twenty-four months. The maximum weekly wage replacement benefit 105 |
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| 141 | + | under this section shall be determined by the subcommittee, provided 106 |
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| 142 | + | such maximum weekly wage replacement benefit shall not exceed one 107 |
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| 143 | + | hundred per cent, raised to the next even dollar, of the average weekly 108 |
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| 144 | + | earnings of all workers in the state for the year in which the condition 109 |
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| 145 | + | of cancer was diagnosed. The average weekly earnings of all workers in 110 |
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| 146 | + | the state shall be determined by the Labor Commissioner on or before 111 |
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| 147 | + | the fifteenth day of August of each year, to be effective the following 112 |
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| 148 | + | October first, and shall be the average of all workers' weekly earnings 113 |
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| 149 | + | for the year ending the previous June thirtieth and shall be so 114 |
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| 150 | + | determined in accordance with the standards for the determination of 115 Substitute Bill No. 313 |
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| 151 | + | |
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| 156 | + | |
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| 157 | + | average weekly earnings of all workers established by the United States 116 |
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| 158 | + | Department of Labor, Bureau of Labor Statistics. 117 |
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| 159 | + | (c) A firefighter may receive wage replacement benefits under this 118 |
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| 160 | + | section concurrently with any employer-provided employment 119 |
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| 161 | + | benefits, provided the total compensation of such firefighter during 120 |
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| 162 | + | such period of receiving benefits under this section shall not exceed such 121 |
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| 163 | + | firefighter's pay rate at the time such firefighter was diagnosed with a 122 |
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| 164 | + | condition of cancer described in section 7-313j. 123 |
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| 165 | + | [(d) No firefighter shall receive compensation under this section 124 |
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| 166 | + | concurrently with the provisions of chapter 567 or 568 or any other 125 |
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| 167 | + | municipal, state or federal program that provides wage replacement 126 |
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| 168 | + | benefits.] 127 |
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| 169 | + | [(e)] (d) No approval of wage replacement benefits for a firefighter by 128 |
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| 170 | + | the subcommittee pursuant to subsection (a) of this section shall be used 129 |
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| 171 | + | as evidence, proof or an [acknowledgement] acknowledgment of 130 |
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| 172 | + | liability or causation in any proceeding under chapter 568. 131 |
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| 173 | + | [(f)] (e) Notwithstanding any other provision of the general statutes, 132 |
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| 174 | + | any employer who provides accident and health insurance or life 133 |
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| 175 | + | insurance coverage for a firefighter or makes payments or contributions 134 |
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| 176 | + | at the regular hourly or weekly rate for the firefighter to an employee 135 |
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| 177 | + | welfare plan, shall provide to the firefighter equivalent insurance 136 |
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| 178 | + | coverage or welfare plan payments or contributions while the firefighter 137 |
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| 179 | + | is eligible to receive or is receiving wage replacement compensation 138 |
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| 180 | + | under this section. As used in this section, "employee welfare plan" 139 |
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| 181 | + | means any plan established or maintained for such firefighter or such 140 |
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| 182 | + | firefighter's family or dependents, or for both, for medical, surgical or 141 |
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| 183 | + | hospital care benefits. 142 |
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| 184 | + | [(g)] (f) The State Treasurer shall remit wage replacement benefits 143 |
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| 185 | + | that are approved by the subcommittee from the firefighters cancer 144 |
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| 186 | + | relief account established pursuant to section 7-313h not later than thirty 145 |
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| 187 | + | days after such benefits have been approved. 146 Substitute Bill No. 313 |
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| 188 | + | |
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| 193 | + | |
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| 194 | + | Sec. 5. Section 31-284b of the general statutes is repealed and the 147 |
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| 195 | + | following is substituted in lieu thereof (Effective from passage): 148 |
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| 196 | + | (a) In order to maintain, as nearly as possible, the income of 149 |
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| 197 | + | [employees] claimants who suffer employment-related injuries, any 150 |
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| 198 | + | employer who provides accident and health insurance or life insurance 151 |
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| 199 | + | coverage for any [employee] claimant or makes payments or 152 |
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| 200 | + | contributions at the regular hourly or weekly rate for full-time 153 |
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| 201 | + | employees to an employee welfare plan, shall provide to the [employee] 154 |
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| 202 | + | claimant equivalent insurance coverage or welfare plan payments or 155 |
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| 203 | + | contributions while the [employee] claimant is eligible to receive or is 156 |
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| 204 | + | receiving compensation pursuant to this chapter, or while the 157 |
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| 205 | + | [employee] claimant is receiving wages under a provision for sick leave 158 |
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| 206 | + | payments for time lost due to an employment-related injury. As used in 159 |
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| 207 | + | this section, "income" means all forms of remuneration to an individual 160 |
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| 208 | + | from his employment, including wages, accident and health insurance 161 |
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| 209 | + | coverage, life insurance coverage and employee welfare plan 162 |
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| 210 | + | contributions and "employee welfare plan" means any plan established 163 |
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| 211 | + | or maintained for employees or their families or dependents, or for both, 164 |
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| 212 | + | for medical, surgical or hospital care benefits. 165 |
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| 213 | + | (b) An employer may provide such equivalent accident and health or 166 |
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| 214 | + | life insurance coverage or welfare plan payments or contributions by: 167 |
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| 215 | + | (1) Insuring [his] the employer's full liability under this section in any 168 |
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| 216 | + | stock or mutual companies or associations that are or may be authorized 169 |
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| 217 | + | to take such risks in this state; (2) creating an injured employee's plan as 170 |
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| 218 | + | an extension of any existing plan for working employees; (3) self-171 |
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| 219 | + | insurance; or (4) by any combination of the methods provided in 172 |
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| 220 | + | subdivisions (1) to (3), inclusive, of this subsection that he may choose. 173 |
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| 221 | + | (c) In the case of an employee welfare plan, an employer may provide 174 |
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| 222 | + | equivalent protection by making payments or contributions for such 175 |
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| 223 | + | hours of contributions established by the trustees of the employee 176 |
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| 224 | + | welfare plan as necessary to maintain continuation of such insurance 177 |
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| 225 | + | coverage when the amount is less than the amount of regular hourly or 178 |
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| 226 | + | weekly contributions for full-time employees. 179 Substitute Bill No. 313 |
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| 227 | + | |
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| 232 | + | |
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| 233 | + | (d) In any case where compensation payments to an individual for 180 |
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| 234 | + | total incapacity under the provisions of section 31-307 continue for more 181 |
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| 235 | + | than one hundred four weeks, the cost of accident and health insurance 182 |
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| 236 | + | or life insurance coverage after the one-hundred-fourth week shall be 183 |
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| 237 | + | paid out of the Second Injury Fund in accordance with the provisions of 184 |
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| 238 | + | section 31-349. 185 |
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| 239 | + | (e) Accident and health insurance coverage may include, but shall not 186 |
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| 240 | + | be limited to, coverage provided by insurance or directly by the 187 |
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| 241 | + | employer for the following health care services: Medical, surgical, 188 |
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| 242 | + | dental, nursing and hospital care and treatment, drugs, diagnosis or 189 |
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| 243 | + | treatment of mental conditions or alcoholism, and pregnancy and child 190 |
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| 244 | + | care. 191 |
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| 245 | + | Sec. 6. (Effective from passage) The Comptroller shall conduct a study 192 |
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| 246 | + | to assess the feasibility of providing pension benefits in circumstances 193 |
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| 247 | + | when a firefighter's pension maturity or number of years of service 194 |
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| 248 | + | required for the firefighter to receive pension benefits is not met because 195 |
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| 249 | + | of an early retirement due to a qualifying work-related cancer or death. 196 |
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| 250 | + | Such study shall include an examination of the feasibility of 197 |
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| 251 | + | implementing a prorated benefit for such instances. The Comptroller 198 |
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| 252 | + | shall report the results of such study and any recommended legislation 199 |
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| 253 | + | to the joint standing committee of the General Assembly having 200 |
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| 254 | + | cognizance of matters relating to labor. 201 |
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| 255 | + | Sec. 7. Subsection (d) of section 31-367 of the general statutes is 202 |
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| 256 | + | repealed and the following is substituted in lieu thereof (Effective from 203 |
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| 257 | + | passage): 204 |
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| 258 | + | (d) "Employer" means the state and any political subdivision thereof 205 |
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| 259 | + | and, except as provided in section 31-369, as amended by this act, any 206 |
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| 260 | + | volunteer fire department and any volunteer ambulance company; 207 |
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| 261 | + | Sec. 8. Section 31-369 of the general statutes is repealed and the 208 |
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| 262 | + | following is substituted in lieu thereof (Effective from passage): 209 |
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| 263 | + | (a) This chapter applies to all employers, employees and places of 210 Substitute Bill No. 313 |
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| 264 | + | |
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| 268 | + | 8 of 9 |
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| 269 | + | |
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| 270 | + | employment in the state except the following: (1) Employees of the 211 |
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| 271 | + | United States government; [and] (2) working conditions of employees 212 |
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| 272 | + | over which federal agencies other than the United States Department of 213 |
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| 273 | + | Labor exercise statutory authority to prescribe or enforce standards or 214 |
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| 274 | + | regulations affecting occupational safety and health; and (3) any 215 |
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| 275 | + | volunteer fire department or volunteer ambulance company that is able 216 |
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| 276 | + | to demonstrate such department or company is regulated by the 217 |
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| 277 | + | Occupational Safety and Health Act of 1970, 29 USC 651 et seq., as 218 |
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| 278 | + | amended from time to time. 219 |
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| 279 | + | (b) Nothing in this chapter shall be construed to supersede or in any 220 |
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| 280 | + | manner affect any workers' compensation law or to enlarge, diminish or 221 |
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| 281 | + | affect in any manner common law or statutory rights, duties or liabilities 222 |
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| 282 | + | of employers or employees, under any law with respect to injuries, 223 |
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| 283 | + | diseases or death of employees arising out of and in the course of 224 |
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| 284 | + | employment. 225 |
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| 285 | + | Sec. 9. Subsection (c) of section 31-382 of the general statutes is 226 |
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| 286 | + | repealed and the following is substituted in lieu thereof (Effective from 227 |
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| 287 | + | passage): 228 |
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| 288 | + | (c) Any employer who has received a citation for a violation of the 229 |
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| 289 | + | requirements of sections 31-369, as amended by this act, and 31-370, of 230 |
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| 290 | + | any standard or order promulgated pursuant to section 31-372, or of 231 |
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| 291 | + | regulations adopted pursuant to this chapter, which violation is 232 |
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| 292 | + | specifically determined not to be of a serious nature, may be assessed a 233 |
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| 293 | + | civil penalty of up to one thousand dollars for each such violation, 234 |
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| 294 | + | except any volunteer fire department and any volunteer ambulance 235 |
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| 295 | + | company shall, for the first such violation, only be issued a written 236 |
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| 296 | + | warning. 237 |
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| 297 | + | Sec. 10. (Effective from passage) The sum of one million two hundred 238 |
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| 298 | + | thousand dollars is appropriated to the Firefighter's Cancer Relief 239 |
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| 299 | + | Account, established pursuant to section 7-313h of the general statutes, 240 |
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| 300 | + | from the General Fund, for the fiscal year ending June 30, 2023, for 241 |
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| 301 | + | retroactive pay for the years the annual appropriation of four hundred 242 Substitute Bill No. 313 |
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| 302 | + | |
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| 303 | + | |
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| 306 | + | 9 of 9 |
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| 307 | + | |
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| 308 | + | thousand dollars was deferred. 243 |
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| 309 | + | This act shall take effect as follows and shall amend the following |
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| 310 | + | sections: |
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| 311 | + | |
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| 312 | + | Section 1 July 1, 2022 New section |
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| 313 | + | Sec. 2 July 1, 2022 31-294j |
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| 314 | + | Sec. 3 from passage New section |
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| 315 | + | Sec. 4 from passage 7-313i |
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| 316 | + | Sec. 5 from passage 31-284b |
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| 317 | + | Sec. 6 from passage New section |
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| 318 | + | Sec. 7 from passage 31-367(d) |
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| 319 | + | Sec. 8 from passage 31-369 |
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| 320 | + | Sec. 9 from passage 31-382(c) |
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| 321 | + | Sec. 10 from passage New section |
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| 322 | + | |
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| 323 | + | Statement of Legislative Commissioners: |
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| 324 | + | In Section 5(b)(1), "the employee's full liability" was changed to "the |
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| 325 | + | employer's full liability" for accuracy and, in Section 6, "(NEW)" was |
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| 326 | + | removed for consistency with standard drafting conventions. |
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| 327 | + | |
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| 328 | + | LAB Joint Favorable Subst. -LCO |
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