Connecticut 2025 Regular Session

Connecticut House Bill HB07141 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 8
	3	+	LCO No. 5808 1 of 6
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7141
	5	+	General Assembly Raised Bill No. 7141
6	6		January Session, 2025
	7	+	LCO No. 5808
7	8
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING COMPENSATION PAID TO INJURED
13		-	EMPLOYEES AND THE ~~PARENTS~~ OF A DECEASED ~~EMPLOYEE~~
14		-	UNDER THE WORKERS' COMPENSATION ACT.
	20	+	EMPLOYEES AND THE FAMILY MEMBERS OF A DECEASED
	21	+	EMPLOYEE UNDER THE WORKERS' COMPENSATION ACT.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Subsection (b) of section 31-308 of the general statutes is 1
19		-	repealed and the following is substituted in lieu thereof (Effective ~~from~~ 2
20		-	~~passage~~): 3
	26	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	27	+	2025): 3
21	28		(b) With respect to the following injuries, the compensation, in 4
22	29		addition to the usual compensation for total incapacity but in lieu of all 5
23	30		other payments for compensation, shall be seventy-five per cent of the 6
24	31		average weekly earnings of the injured employee, calculated pursuant 7
25	32		to section 31-310, after such earnings have been reduced by any 8
26	33		deduction for federal or state taxes, or both, and for the federal 9
27	34		Insurance Contributions Act made from such employee's total wages 10
28	35		received during the period of calculation of the employee's average 11
29	36		weekly wage pursuant to said section 31-310, but in no case more than 12
30	37		one hundred per cent, raised to the next even dollar, of the average 13
31	38		weekly earnings of production and related workers in manufacturing in 14
	39	+	Raised Bill No. 7141
	40	+
	41	+
	42	+
	43	+	LCO No. 5808 2 of 6
	44	+
32	45		the state, as determined in accordance with the provisions of section 31-15
33	46		309, or less than fifty dollars weekly. All of the following injuries include 16
34	47		the loss of the member or organ and the complete and permanent loss 17
35		-	of use of the member or organ referred to: 18 Substitute Bill No. 7141
36		-
37		-
38		-	LCO 2 of 8
39		-
	48	+	of use of the member or organ referred to: 18
40	49
41	50		T1 MEMBER INJURY WEEKS OF
42	51		T2 COMPENSATION
43	52		T3 Arm
44	53		T4 Master arm Loss at or above elbow 208
45	54		T5 Other arm Loss at or above elbow 194
46	55		T6 Hand
47	56		T7 Master hand Loss at or above wrist 168
48	57		T8 Other hand Loss at or above wrist 155
49	58		T9 One leg Loss at or above knee 155
50	59		T10 One foot Loss at or above ankle 125
51	60		T11 Hearing
52	61		T12 Both ears 104
53	62		T13 One ear 35
54	63		T14 One eye
55	64		T15 Complete and permanent
56	65		T16 loss of sight in, or
57	66		T17 reduction of sight to
58	67		T18 one-tenth or less
59	68		T19 of normal vision 157
60	69		T20 Thumb*
61	70		T21 On master hand 63
62	71		T22 On other hand 54
63	72		T23 Fingers**
64	73		T24 First finger 36
65	74		T25 Second finger 29
66	75		T26 Third finger 21
67	76		T27 Fourth finger 17
68		-	~~T28 Toes*** Substitute~~ Bill No. 7141
	77	+	Raised Bill No. 7141
69	78
70	79
71		-	LCO 3 of 8
72	80
	81	+	LCO No. 5808 3 of 6
	82	+
	83	+	T28 Toes***
73	84		T29 Great toe 28
74	85		T30 Other toes 9
75	86		T31 Back Number of weeks
76	87		T32 which the
77	88		T33 proportion of
78	89		T34 incapacity
79	90		T35 represents to a
80	91		T36 maximum of 374
81	92		T37 weeks
82	93		T38 Heart 520
83	94		T39 Brain 520
84	95		T40 Carotid artery 520
85	96		T41 Pancreas 416
86	97		T42 Liver 347
87	98		T43 Stomach 260
88	99		T44 Loss of bladder 233
89	100		T45 Speech 163
90	101		T46 Lung 117
91		-	T47 Cervical spine 117 (until June 30,
92		-	T48 2025)
93		-
94		-	T49 Kidney 117
95		-	T50 Rib cage Bilateral 69
96		-	T51 Ovary 35
97		-	T52 Testis 35
98		-	T53 Mammary 35
99		-	T54 Nose Sense and respiratory function 35
	102	+	T47 Cervical spine [117] 208
	103	+	T48 Kidney 117
	104	+	T49 Rib cage Bilateral 69
	105	+	T50 Ovary 35
	106	+	T51 Testis 35
	107	+	T52 Mammary 35
	108	+	T53 Nose Sense and respiratory 35
	109	+	T54 function
100	110		T55 Jaw Mastication 35
101	111		T56 Uterus 35-104
102		-	T57 Vagina 35-104 Substitute Bill No. 7141
103		-
104		-
105		-	LCO 4 of 8
106		-
	112	+	T57 Vagina 35-104
107	113		T58 Penis 35-104
108	114		T59 Coccyx Actual removal 35
109	115		T60 Sense of smell 17
110	116		T61 Sense of taste 17
	117	+	Raised Bill No. 7141
	118	+
	119	+
	120	+
	121	+	LCO No. 5808 4 of 6
	122	+
111	123		T62 Spleen In addition to scar 13
112	124		T63 Gall bladder 13
113	125		T64 Tooth Minimum 1
114	126		T65 Loss of drainage duct of eye
115	127		T66 (If corrected by prosthesis) 17 for each
116	128		T67 Loss of drainage duct of eye
117	129		T68 (If uncorrected by prosthesis) 33 for each
118	130		T69 Pelvis percentage of back
119		-	T70 On and after July 1, 2025:
120		-	T71 Intestinal tract 347
121		-	T72 Esophagus 180
122		-	T73 Trachea 117
123		-	T74 Larynx 117
124		-	T75 Diaphragm 117
125		-	T76 Cervical Spine 208
126	131
127	132		*The loss or loss of use of one phalanx of a thumb shall be construed 19
128	133		as seventy-five per cent of the loss of the thumb. 20
129	134		**The loss or loss of use of one phalanx of a finger shall be construed 21
130	135		as fifty per cent of the loss of the finger. The loss of or loss of use of two 22
131	136		phalanges of a finger shall be construed as ninety per cent of the loss of 23
132	137		the finger. 24
133	138		***The loss or loss of use of one phalanx of a great toe shall be 25
134	139		construed as sixty-six and two-thirds per cent of the loss of the great toe. 26
135	140		The loss of the greater part of any phalanx shall be construed as the loss 27
136		-	of a phalanx and shall be compensated accordingly. 28 Substitute Bill No. 7141
	141	+	of a phalanx and shall be compensated accordingly. 28
	142	+	If the injury consists of the loss of a substantial part of a member 29
	143	+	resulting in a permanent partial loss of the use of a member, or if the 30
	144	+	injury results in a permanent partial loss of function, the administrative 31
	145	+	law judge may, in the administrative law judge's discretion, in lieu of 32
	146	+	other compensation, award to the injured employee the proportion of 33
	147	+	the sum provided in this subsection for the total loss of, or the loss of the 34
	148	+	use of, the member or for incapacity or both that represents the 35
	149	+	proportion of total loss or loss of use found to exist, and any voluntary 36
	150	+	agreement submitted in which the basis of settlement is such 37
	151	+	proportionate payment may, if otherwise conformable to the provisions 38
	152	+	of this chapter, be approved by the administrative law judge in the 39
	153	+	administrative law judge's discretion. Notwithstanding the provisions 40
	154	+	Raised Bill No. 7141
137	155
138	156
139		-	LCO 5 of 8
140	157
141		-	[If] For any matter filed with the Workers' Compensation 29
142		-	Commission on or after July 1, 1993, that remains open and pending 30
143		-	before said commission on the effective date of this section, and for any 31
144		-	matter filed with said commission on and after the effective date of this 32
145		-	section, (1) if the injury consists of the loss of a substantial part of a 33
146		-	member resulting in a permanent partial loss of the use of a member, or 34
147		-	if the injury results in a permanent partial loss of function, the 35
148		-	administrative law judge [may, in the administrative law judge's 36
149		-	discretion] shall, in lieu of other compensation, award to the injured 37
150		-	employee the proportion of the sum provided in this subsection for the 38
151		-	total loss of, or the loss of the use of, the member or for incapacity or 39
152		-	both that represents the proportion of total loss or loss of use found to 40
153		-	exist, and any voluntary agreement submitted in which the basis of 41
154		-	settlement is such proportionate payment may, if otherwise 42
155		-	conformable to the provisions of this chapter, be approved by the 43
156		-	administrative law judge; [in the administrative law judge's discretion.] 44
157		-	and (2) notwithstanding the provisions of this subsection, an injured 45
158		-	employee who has reached maximum medical improvement and is 46
159		-	eligible for benefits pursuant to this subsection, but whose injuries 47
160		-	continue to result in total incapacity to work pursuant to section 31-307, 48
161		-	shall continue to be eligible to receive total incapacity benefits pursuant 49
162		-	to section 31-307 until such period of total incapacity ends. 50
163		-	Notwithstanding the provisions of this subsection, the complete loss or 51
164		-	loss of use of an organ which results in the death of an employee shall 52
165		-	be compensable pursuant only to section 31-306. 53
166		-	Sec. 2. Subdivision (6) of subsection (a) of section 31-306 of the general 54
167		-	statutes is repealed and the following is substituted in lieu thereof 55
168		-	(Effective from passage): 56
169		-	(6) In all cases where there are no presumptive dependents, but (A) 57
170		-	where there are one or more persons wholly dependent in fact, the 58
171		-	compensation in case of death shall be divided according to the relative 59
172		-	degree of their dependence, or (B) where there are no persons wholly 60
173		-	dependent in fact, the compensation shall be divided equally among the 61
174		-	parents of the deceased employee. Compensation payable under this 62 Substitute Bill No. 7141
	158	+	LCO No. 5808 5 of 6
175	159
176		-
177		-	LCO 6 of 8
178		-
179		-	subdivision shall be paid for not more than three hundred and twelve 63
180		-	weeks from the date of the death of the employee. The compensation, if 64
181		-	paid to those wholly dependent in fact, shall be paid at the full 65
182		-	compensation rate. The compensation, if paid to those partially 66
183		-	dependent in fact upon the deceased employee as of the date of the 67
184		-	injury, shall not, in total, be more than the full compensation rate nor 68
185		-	less than twenty dollars weekly, nor, if the average weekly sum 69
186		-	contributed by the deceased at the date of the injury to those partially 70
187		-	dependent in fact is more than twenty dollars weekly, not more than the 71
188		-	sum so contributed. 72
189		-	Sec. 3. (Effective from passage) (a) There is established a working group 73
190		-	to study rehabilitation services available to injured employees under 74
191		-	chapter 568 of the general statutes. Such study shall include, but need 75
192		-	not be limited to, an examination of (1) whether the provisions of 76
193		-	chapter 568 of the general statutes adequately fund rehabilitation 77
194		-	services for all injured employees, and (2) methods to encourage injured 78
195		-	employees to utilize such services, including providing stipends to 79
196		-	injured employees who utilize such services. 80
197		-	(b) The working group shall consist of the following members: 81
198		-	(1) The chairpersons and the ranking members of the joint standing 82
199		-	committee of the General Assembly having cognizance of matters 83
200		-	relating to the judiciary, or their designees; 84
201		-	(2) The Commissioner of Aging and Disability Services, or the 85
202		-	commissioner's designee; 86
203		-	(3) The chairperson of the Workers' Compensation Commission, or 87
204		-	the chairperson's designee; and 88
205		-	(4) The following persons jointly appointed by the chairpersons of the 89
206		-	joint standing committee of the General Assembly having cognizance of 90
207		-	matters relating to the judiciary: 91
208		-	(A) An attorney who has expertise in representing claimants 92 Substitute Bill No. 7141
209		-
210		-
211		-	LCO 7 of 8
212		-
213		-	appearing before the Workers' Compensation Commission; 93
214		-	(B) An attorney who has expertise in representing respondents 94
215		-	appearing before the Workers' Compensation Commission; 95
216		-	(C) A representative of an association representing attorneys in the 96
217		-	state; 97
218		-	(D) A representative of an association representing trial attorneys in 98
219		-	the state; 99
220		-	(E) A representative of an association representing workers' 100
221		-	compensation insurers in the state; 101
222		-	(F) A representative of an association representing business and 102
223		-	industry in the state; and 103
224		-	(G) A representative of a labor organization. 104
225		-	(c) All initial appointments to the working group shall be made not 105
226		-	later than thirty days after the effective date of this section. Any vacancy 106
227		-	shall be filled by the appointing authority. 107
228		-	(d) The chairpersons of the joint standing committee of the General 108
229		-	Assembly having cognizance of matters relating to the judiciary, or their 109
230		-	designees, shall serve as the chairpersons of the working group. Such 110
231		-	chairpersons shall schedule the first meeting of the working group, 111
232		-	which shall be held not later than sixty days after the effective date of 112
233		-	this section. The working group shall meet not less than once per month 113
234		-	and at such other times as may be necessary upon the call of the 114
235		-	chairpersons. 115
236		-	(e) The administrative staff of the joint standing committee of the 116
237		-	General Assembly having cognizance of matters relating to the judiciary 117
238		-	shall serve as administrative staff of the working group. 118
239		-	(f) Not later than February 1, 2026, the working group shall submit a 119
240		-	report on its findings and recommendations to the joint standing 120 Substitute Bill No. 7141
241		-
242		-
243		-	LCO 8 of 8
244		-
245		-	committee of the General Assembly having cognizance of matters 121
246		-	relating to the judiciary, in accordance with the provisions of section 11-122
247		-	4a of the general statutes. The working group shall terminate on the date 123
248		-	that it submits such report or February 1, 2026, whichever is later. 124
	160	+	of this subsection, the complete loss or loss of use of an organ which 41
	161	+	results in the death of an employee shall be compensable pursuant only 42
	162	+	to section 31-306. 43
	163	+	Sec. 2. Subdivision (6) of subsection (a) of section 31-306 of the general 44
	164	+	statutes is repealed and the following is substituted in lieu thereof 45
	165	+	(Effective July 1, 2025): 46
	166	+	(6) In all cases where there are no presumptive dependents, but 47
	167	+	where there are (A) one or more persons wholly dependent in fact, the 48
	168	+	compensation in case of death shall be divided according to the relative 49
	169	+	degree of their dependence, or (B) next of kin of the deceased employee, 50
	170	+	the compensation shall be divided equally among the next of kin of the 51
	171	+	deceased employee. Compensation payable under this subdivision shall 52
	172	+	be paid for not more than three hundred and twelve weeks from the 53
	173	+	date of the death of the employee. The compensation, if paid to those 54
	174	+	wholly dependent in fact, shall be paid at the full compensation rate. 55
	175	+	The compensation, if paid to those partially dependent in fact upon the 56
	176	+	deceased employee as of the date of the injury, shall not, in total, be more 57
	177	+	than the full compensation rate nor less than twenty dollars weekly, nor, 58
	178	+	if the average weekly sum contributed by the deceased at the date of the 59
	179	+	injury to those partially dependent in fact is more than twenty dollars 60
	180	+	weekly, not more than the sum so contributed. 61
249	181		This act shall take effect as follows and shall amend the following
250	182		sections:
251	183
252		-	Section 1 from passage 31-308(b)
253		-	Sec. 2 from passage 31-306(a)(6)
254		-	Sec. 3 from passage New section
	184	+	Section 1 July 1, 2025 31-308(b)
	185	+	Sec. 2 July 1, 2025 31-306(a)(6)
255	186
256		-	JUD Joint Favorable Subst.
	187	+	Statement of Purpose:
	188	+	To: (1) Provide supplemental payments and benefits to individuals with
	189	+	partial permanent disabilities, and (2) permit compensation awards to
	190	+	be distributed to the next of kin of a deceased employee who was
	191	+	unmarried and without dependent children at the time of the
	192	+	employee's death.
	193	+	Raised Bill No. 7141
	194	+
	195	+
	196	+
	197	+	LCO No. 5808 6 of 6
	198	+
	199	+
	200	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	201	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	202	+	underlined.]
257	203