Connecticut 2025 Regular Session

Connecticut Senate Bill SB01222 Compare Versions

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55 General Assembly Raised Bill No. 1222
66 January Session, 2025
77 LCO No. 3867
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10-Referred to Committee on LABOR AND PUBLIC
11-EMPLOYEES
10+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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1413 Introduced by:
1514 (LAB)
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1919 AN ACT CONCERNING PORTAL TO PORTAL WORKERS'
2020 COMPENSATION COVERAGE FOR PUBLIC WORKS DEPARTMENT
2121 EMPLOYEES.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Subdivision (1) of section 31-275 of the general statutes is 1
2626 repealed and the following is substituted in lieu thereof (Effective October 2
2727 1, 2025): 3
2828 (1) "Arising out of and in the course of his employment" means an 4
2929 accidental injury happening to an employee or an occupational disease 5
3030 of an employee originating while the employee has been engaged in the 6
3131 line of the employee's duty in the business or affairs of the employer 7
3232 upon the employer's premises, or while engaged elsewhere upon the 8
3333 employer's business or affairs by the direction, express or implied, of the 9
3434 employer, provided: 10
3535 (A) (i) For a police officer or firefighter, "in the course of his 11
3636 employment" encompasses such individual's departure from such 12
37-individual's place of abode to duty, such individual's duty, and the 13 Raised Bill No. 1222
37+individual's place of abode to duty, such individual's duty, and the 13
38+return to such individual's place of abode after duty; 14
39+Raised Bill No. 1222
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42-return to such individual's place of abode after duty; 14
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4345 (ii) For an employee of the Department of Correction, (I) when 15
4446 responding to a direct order to appear at such employee's assignment 16
4547 under circumstances in which nonessential employees are excused from 17
4648 working, or (II) following two or more mandatory overtime work shifts 18
4749 on consecutive days, "in the course of his employment" encompasses 19
4850 such individual's departure from such individual's place of abode 20
4951 directly to duty, such individual's duty, and the return directly to such 21
5052 individual's place of abode after duty; 22
5153 (iii) For a telecommunicator, as defined in section 28-30, (I) when a 23
5254 telecommunicator is subject to emergency calls while off duty by the 24
5355 terms of such telecommunicator's employment, (II) when responding to 25
5456 a direct order to appear at such telecommunicator's work assignment 26
5557 under circumstances in which nonessential employees are excused from 27
5658 working, or (III) following two or more mandatory overtime work shifts 28
5759 on consecutive days, "in the course of his employment" encompasses 29
5860 such individual's departure from such individual's place of abode 30
5961 directly to duty, such individual's duty, and the return directly to such 31
6062 individual's place of abode after duty; 32
6163 (iv) For an employee of a public works department, (I) when such 33
6264 employee is subject to emergency calls while off duty by the terms of 34
6365 such employee's employment, (II) when responding to a direct order to 35
6466 appear at such employee's work assignment under circumstances in 36
6567 which nonessential employees are excused from working, or (III) 37
6668 following two or more mandatory overtime work shifts on consecutive 38
6769 days, "in the course of his employment" encompasses such employee's 39
6870 departure from such employee's place of abode directly to duty, such 40
6971 individual's duty, and the return directly to such employee's place of 41
7072 abode after duty. For purposes of this subparagraph "public works 42
7173 department" means a state or municipal department responsible for the 43
7274 construction, regulation or maintenance of all things in the nature of 44
73-public works and improvements; 45 Raised Bill No. 1222
75+public works and improvements; 45
76+[(iv)] (v) Notwithstanding the provisions of clauses (i) and (ii) of this 46
77+Raised Bill No. 1222
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7983 subparagraph, the dependents of any deceased employee of the 47
8084 Department of Correction who was injured in the course of his 48
8185 employment, as defined in this subparagraph, on or after July 1, 2000, 49
8286 and who died not later than July 15, 2000, shall be paid compensation 50
8387 on account of the death, in accordance with the provisions of section 31-51
8488 306, retroactively to the date of the employee's death. The cost of the 52
8589 payment shall be paid by the employer or its insurance carrier which 53
8690 shall be reimbursed for such cost from the Second Injury Fund as 54
8791 provided in section 31-354 upon presentation of any vouchers and 55
8892 information that the Treasurer may require; 56
8993 (B) A personal injury shall not be deemed to arise out of the 57
9094 employment unless causally traceable to the employment other than 58
9195 through weakened resistance or lowered vitality; 59
9296 (C) In the case of an accidental injury, a disability or a death due to 60
9397 the use of alcohol or narcotic drugs shall not be construed to be a 61
9498 compensable injury; 62
9599 (D) For aggravation of a preexisting disease, compensation shall be 63
96100 allowed only for that proportion of the disability or death due to the 64
97101 aggravation of the preexisting disease as may be reasonably attributed 65
98102 to the injury upon which the claim is based; 66
99103 (E) A personal injury shall not be deemed to arise out of the 67
100104 employment if the injury is sustained: (i) At the employee's place of 68
101105 abode, and (ii) while the employee is engaged in a preliminary act or 69
102106 acts in preparation for work unless such act or acts are undertaken at 70
103107 the express direction or request of the employer; 71
104108 (F) For purposes of subparagraph (C) of this subdivision, "narcotic 72
105109 drugs" means all controlled substances, as designated by the 73
106110 Commissioner of Consumer Protection pursuant to subsection (c) of 74
107111 section 21a-243, but does not include drugs prescribed in the course of 75
108112 medical treatment or in a program of research operated under the 76
109-direction of a physician or pharmacologist. For purposes of 77 Raised Bill No. 1222
113+direction of a physician or pharmacologist. For purposes of 77
114+Raised Bill No. 1222
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114120 subparagraph (E) of this subdivision, "place of abode" includes the 78
115121 inside of the residential structure, the garage, the common hallways, 79
116122 stairways, driveways, walkways and the yard; 80
117123 (G) The Workers' Compensation Commission shall adopt 81
118124 regulations, in accordance with the provisions of chapter 54, to 82
119125 implement the provisions of this section and shall define the terms "a 83
120126 preliminary act", "acts in preparation for work", "departure from place 84
121127 of abode directly to duty" and "return directly to place of abode after 85
122128 duty" on or before January 1, 2006. 86
123129 This act shall take effect as follows and shall amend the following
124130 sections:
125131
126132 Section 1 October 1, 2025 31-275(1)
127133
128-LAB Joint Favorable
134+Statement of Purpose:
135+To provide portal to portal workers' compensation coverage for
136+employees of a public works department.
137+
138+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
139+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
140+underlined.]
129141