16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | AN ACT CONCERNING PORTAL TO PORTAL WORKERS' |
---|
20 | 20 | | COMPENSATION COVERAGE FOR PUBLIC WORKS DEPARTMENT |
---|
21 | 21 | | EMPLOYEES. |
---|
22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
23 | 23 | | Assembly convened: |
---|
24 | 24 | | |
---|
25 | 25 | | Section 1. Subdivision (1) of section 31-275 of the general statutes is 1 |
---|
26 | 26 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
---|
27 | 27 | | 1, 2025): 3 |
---|
28 | 28 | | (1) "Arising out of and in the course of his employment" means an 4 |
---|
29 | 29 | | accidental injury happening to an employee or an occupational disease 5 |
---|
30 | 30 | | of an employee originating while the employee has been engaged in the 6 |
---|
31 | 31 | | line of the employee's duty in the business or affairs of the employer 7 |
---|
32 | 32 | | upon the employer's premises, or while engaged elsewhere upon the 8 |
---|
33 | 33 | | employer's business or affairs by the direction, express or implied, of the 9 |
---|
34 | 34 | | employer, provided: 10 |
---|
35 | 35 | | (A) (i) For a police officer or firefighter, "in the course of his 11 |
---|
36 | 36 | | employment" encompasses such individual's departure from such 12 |
---|
43 | 45 | | (ii) For an employee of the Department of Correction, (I) when 15 |
---|
44 | 46 | | responding to a direct order to appear at such employee's assignment 16 |
---|
45 | 47 | | under circumstances in which nonessential employees are excused from 17 |
---|
46 | 48 | | working, or (II) following two or more mandatory overtime work shifts 18 |
---|
47 | 49 | | on consecutive days, "in the course of his employment" encompasses 19 |
---|
48 | 50 | | such individual's departure from such individual's place of abode 20 |
---|
49 | 51 | | directly to duty, such individual's duty, and the return directly to such 21 |
---|
50 | 52 | | individual's place of abode after duty; 22 |
---|
51 | 53 | | (iii) For a telecommunicator, as defined in section 28-30, (I) when a 23 |
---|
52 | 54 | | telecommunicator is subject to emergency calls while off duty by the 24 |
---|
53 | 55 | | terms of such telecommunicator's employment, (II) when responding to 25 |
---|
54 | 56 | | a direct order to appear at such telecommunicator's work assignment 26 |
---|
55 | 57 | | under circumstances in which nonessential employees are excused from 27 |
---|
56 | 58 | | working, or (III) following two or more mandatory overtime work shifts 28 |
---|
57 | 59 | | on consecutive days, "in the course of his employment" encompasses 29 |
---|
58 | 60 | | such individual's departure from such individual's place of abode 30 |
---|
59 | 61 | | directly to duty, such individual's duty, and the return directly to such 31 |
---|
60 | 62 | | individual's place of abode after duty; 32 |
---|
61 | 63 | | (iv) For an employee of a public works department, (I) when such 33 |
---|
62 | 64 | | employee is subject to emergency calls while off duty by the terms of 34 |
---|
63 | 65 | | such employee's employment, (II) when responding to a direct order to 35 |
---|
64 | 66 | | appear at such employee's work assignment under circumstances in 36 |
---|
65 | 67 | | which nonessential employees are excused from working, or (III) 37 |
---|
66 | 68 | | following two or more mandatory overtime work shifts on consecutive 38 |
---|
67 | 69 | | days, "in the course of his employment" encompasses such employee's 39 |
---|
68 | 70 | | departure from such employee's place of abode directly to duty, such 40 |
---|
69 | 71 | | individual's duty, and the return directly to such employee's place of 41 |
---|
70 | 72 | | abode after duty. For purposes of this subparagraph "public works 42 |
---|
71 | 73 | | department" means a state or municipal department responsible for the 43 |
---|
72 | 74 | | construction, regulation or maintenance of all things in the nature of 44 |
---|
79 | 83 | | subparagraph, the dependents of any deceased employee of the 47 |
---|
80 | 84 | | Department of Correction who was injured in the course of his 48 |
---|
81 | 85 | | employment, as defined in this subparagraph, on or after July 1, 2000, 49 |
---|
82 | 86 | | and who died not later than July 15, 2000, shall be paid compensation 50 |
---|
83 | 87 | | on account of the death, in accordance with the provisions of section 31-51 |
---|
84 | 88 | | 306, retroactively to the date of the employee's death. The cost of the 52 |
---|
85 | 89 | | payment shall be paid by the employer or its insurance carrier which 53 |
---|
86 | 90 | | shall be reimbursed for such cost from the Second Injury Fund as 54 |
---|
87 | 91 | | provided in section 31-354 upon presentation of any vouchers and 55 |
---|
88 | 92 | | information that the Treasurer may require; 56 |
---|
89 | 93 | | (B) A personal injury shall not be deemed to arise out of the 57 |
---|
90 | 94 | | employment unless causally traceable to the employment other than 58 |
---|
91 | 95 | | through weakened resistance or lowered vitality; 59 |
---|
92 | 96 | | (C) In the case of an accidental injury, a disability or a death due to 60 |
---|
93 | 97 | | the use of alcohol or narcotic drugs shall not be construed to be a 61 |
---|
94 | 98 | | compensable injury; 62 |
---|
95 | 99 | | (D) For aggravation of a preexisting disease, compensation shall be 63 |
---|
96 | 100 | | allowed only for that proportion of the disability or death due to the 64 |
---|
97 | 101 | | aggravation of the preexisting disease as may be reasonably attributed 65 |
---|
98 | 102 | | to the injury upon which the claim is based; 66 |
---|
99 | 103 | | (E) A personal injury shall not be deemed to arise out of the 67 |
---|
100 | 104 | | employment if the injury is sustained: (i) At the employee's place of 68 |
---|
101 | 105 | | abode, and (ii) while the employee is engaged in a preliminary act or 69 |
---|
102 | 106 | | acts in preparation for work unless such act or acts are undertaken at 70 |
---|
103 | 107 | | the express direction or request of the employer; 71 |
---|
104 | 108 | | (F) For purposes of subparagraph (C) of this subdivision, "narcotic 72 |
---|
105 | 109 | | drugs" means all controlled substances, as designated by the 73 |
---|
106 | 110 | | Commissioner of Consumer Protection pursuant to subsection (c) of 74 |
---|
107 | 111 | | section 21a-243, but does not include drugs prescribed in the course of 75 |
---|
108 | 112 | | medical treatment or in a program of research operated under the 76 |
---|
113 | 119 | | |
---|
114 | 120 | | subparagraph (E) of this subdivision, "place of abode" includes the 78 |
---|
115 | 121 | | inside of the residential structure, the garage, the common hallways, 79 |
---|
116 | 122 | | stairways, driveways, walkways and the yard; 80 |
---|
117 | 123 | | (G) The Workers' Compensation Commission shall adopt 81 |
---|
118 | 124 | | regulations, in accordance with the provisions of chapter 54, to 82 |
---|
119 | 125 | | implement the provisions of this section and shall define the terms "a 83 |
---|
120 | 126 | | preliminary act", "acts in preparation for work", "departure from place 84 |
---|
121 | 127 | | of abode directly to duty" and "return directly to place of abode after 85 |
---|
122 | 128 | | duty" on or before January 1, 2006. 86 |
---|
123 | 129 | | This act shall take effect as follows and shall amend the following |
---|
124 | 130 | | sections: |
---|
125 | 131 | | |
---|
126 | 132 | | Section 1 October 1, 2025 31-275(1) |
---|
127 | 133 | | |
---|