LCO No. 5808 1 of 6 General Assembly Raised Bill No. 7141 January Session, 2025 LCO No. 5808 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING COMPENSATION PAID TO INJURED EMPLOYEES AND THE FAMILY MEMBERS OF A DECEASED EMPLOYEE UNDER THE WORKERS' COMPENSATION ACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (b) of section 31-308 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2025): 3 (b) With respect to the following injuries, the compensation, in 4 addition to the usual compensation for total incapacity but in lieu of all 5 other payments for compensation, shall be seventy-five per cent of the 6 average weekly earnings of the injured employee, calculated pursuant 7 to section 31-310, after such earnings have been reduced by any 8 deduction for federal or state taxes, or both, and for the federal 9 Insurance Contributions Act made from such employee's total wages 10 received during the period of calculation of the employee's average 11 weekly wage pursuant to said section 31-310, but in no case more than 12 one hundred per cent, raised to the next even dollar, of the average 13 weekly earnings of production and related workers in manufacturing in 14 Raised Bill No. 7141 LCO No. 5808 2 of 6 the state, as determined in accordance with the provisions of section 31-15 309, or less than fifty dollars weekly. All of the following injuries include 16 the loss of the member or organ and the complete and permanent loss 17 of use of the member or organ referred to: 18 T1 MEMBER INJURY WEEKS OF T2 COMPENSATION T3 Arm T4 Master arm Loss at or above elbow 208 T5 Other arm Loss at or above elbow 194 T6 Hand T7 Master hand Loss at or above wrist 168 T8 Other hand Loss at or above wrist 155 T9 One leg Loss at or above knee 155 T10 One foot Loss at or above ankle 125 T11 Hearing T12 Both ears 104 T13 One ear 35 T14 One eye T15 Complete and permanent T16 loss of sight in, or T17 reduction of sight to T18 one-tenth or less T19 of normal vision 157 T20 Thumb* T21 On master hand 63 T22 On other hand 54 T23 Fingers** T24 First finger 36 T25 Second finger 29 T26 Third finger 21 T27 Fourth finger 17 Raised Bill No. 7141 LCO No. 5808 3 of 6 T28 Toes*** T29 Great toe 28 T30 Other toes 9 T31 Back Number of weeks T32 which the T33 proportion of T34 incapacity T35 represents to a T36 maximum of 374 T37 weeks T38 Heart 520 T39 Brain 520 T40 Carotid artery 520 T41 Pancreas 416 T42 Liver 347 T43 Stomach 260 T44 Loss of bladder 233 T45 Speech 163 T46 Lung 117 T47 Cervical spine [117] 208 T48 Kidney 117 T49 Rib cage Bilateral 69 T50 Ovary 35 T51 Testis 35 T52 Mammary 35 T53 Nose Sense and respiratory 35 T54 function T55 Jaw Mastication 35 T56 Uterus 35-104 T57 Vagina 35-104 T58 Penis 35-104 T59 Coccyx Actual removal 35 T60 Sense of smell 17 T61 Sense of taste 17 Raised Bill No. 7141 LCO No. 5808 4 of 6 T62 Spleen In addition to scar 13 T63 Gall bladder 13 T64 Tooth Minimum 1 T65 Loss of drainage duct of eye T66 (If corrected by prosthesis) 17 for each T67 Loss of drainage duct of eye T68 (If uncorrected by prosthesis) 33 for each T69 Pelvis percentage of back *The loss or loss of use of one phalanx of a thumb shall be construed 19 as seventy-five per cent of the loss of the thumb. 20 **The loss or loss of use of one phalanx of a finger shall be construed 21 as fifty per cent of the loss of the finger. The loss of or loss of use of two 22 phalanges of a finger shall be construed as ninety per cent of the loss of 23 the finger. 24 ***The loss or loss of use of one phalanx of a great toe shall be 25 construed as sixty-six and two-thirds per cent of the loss of the great toe. 26 The loss of the greater part of any phalanx shall be construed as the loss 27 of a phalanx and shall be compensated accordingly. 28 If the injury consists of the loss of a substantial part of a member 29 resulting in a permanent partial loss of the use of a member, or if the 30 injury results in a permanent partial loss of function, the administrative 31 law judge may, in the administrative law judge's discretion, in lieu of 32 other compensation, award to the injured employee the proportion of 33 the sum provided in this subsection for the total loss of, or the loss of the 34 use of, the member or for incapacity or both that represents the 35 proportion of total loss or loss of use found to exist, and any voluntary 36 agreement submitted in which the basis of settlement is such 37 proportionate payment may, if otherwise conformable to the provisions 38 of this chapter, be approved by the administrative law judge in the 39 administrative law judge's discretion. Notwithstanding the provisions 40 Raised Bill No. 7141 LCO No. 5808 5 of 6 of this subsection, the complete loss or loss of use of an organ which 41 results in the death of an employee shall be compensable pursuant only 42 to section 31-306. 43 Sec. 2. Subdivision (6) of subsection (a) of section 31-306 of the general 44 statutes is repealed and the following is substituted in lieu thereof 45 (Effective July 1, 2025): 46 (6) In all cases where there are no presumptive dependents, but 47 where there are (A) one or more persons wholly dependent in fact, the 48 compensation in case of death shall be divided according to the relative 49 degree of their dependence, or (B) next of kin of the deceased employee, 50 the compensation shall be divided equally among the next of kin of the 51 deceased employee. Compensation payable under this subdivision shall 52 be paid for not more than three hundred and twelve weeks from the 53 date of the death of the employee. The compensation, if paid to those 54 wholly dependent in fact, shall be paid at the full compensation rate. 55 The compensation, if paid to those partially dependent in fact upon the 56 deceased employee as of the date of the injury, shall not, in total, be more 57 than the full compensation rate nor less than twenty dollars weekly, nor, 58 if the average weekly sum contributed by the deceased at the date of the 59 injury to those partially dependent in fact is more than twenty dollars 60 weekly, not more than the sum so contributed. 61 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 31-308(b) Sec. 2 July 1, 2025 31-306(a)(6) Statement of Purpose: To: (1) Provide supplemental payments and benefits to individuals with partial permanent disabilities, and (2) permit compensation awards to be distributed to the next of kin of a deceased employee who was unmarried and without dependent children at the time of the employee's death. Raised Bill No. 7141 LCO No. 5808 6 of 6 [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.]