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2 | 2 | | HOUSE DOCKET, NO. 622 FILED ON: 1/14/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1927 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Tram T. Nguyen |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to protect injured workers. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/11/2023Carmine Lawrence Gentile13th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023Andres X. Vargas3rd Essex2/2/2023Michelle M. DuBois10th Plymouth2/7/2023David Henry Argosky LeBoeuf17th Worcester2/16/2023Christopher Hendricks11th Bristol2/16/2023David Allen Robertson19th Middlesex2/16/2023Brian W. Murray10th Worcester2/16/2023Steven Ultrino33rd Middlesex2/21/2023Samantha Montaño15th Suffolk2/22/2023James C. Arena-DeRosa8th Middlesex2/27/2023Lindsay N. Sabadosa1st Hampshire2/28/2023Peter Capano11th Essex3/1/2023William J. Driscoll, Jr.7th Norfolk3/2/2023Daniel Cahill10th Essex3/2/2023Adrian C. Madaro1st Suffolk3/6/2023David M. Rogers24th Middlesex3/7/2023 2 of 2 |
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16 | 16 | | Kevin G. Honan17th Suffolk3/14/2023Thomas M. Stanley9th Middlesex3/15/2023 1 of 5 |
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17 | 17 | | HOUSE DOCKET, NO. 622 FILED ON: 1/14/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1927 |
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19 | 19 | | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1927) of |
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20 | 20 | | Tram T. Nguyen and others for legislation to protect injured workers. Labor and Workforce |
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21 | 21 | | Development. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act to protect injured workers. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 3 of chapter 23E of the General Laws, as appearing in the 2020 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting, in line 46, after the word “claims” the |
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32 | 32 | | 3following words:- ; and further provided that the department shall promptly undertake the |
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33 | 33 | | 4investigation, hold an investigative conference to obtain any additional evidence or statements, |
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34 | 34 | | 5and report the findings regardless of whether a case is open or active in the division of dispute |
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35 | 35 | | 6resolution. |
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36 | 36 | | 7 SECTION 2. Subsection (a) of section 27C of chapter 149 of the General Laws, as so |
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37 | 37 | | 8appearing, is hereby amended by inserting, in line 5, after the number “151,” and also by |
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38 | 38 | | 9inserting, in line 15, after the number “151,” the following words:- , or paragraph 2 of section |
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39 | 39 | | 1075B of chapter 152. |
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40 | 40 | | 11 SECTION 3. Subsection (b) of said section 27C of said chapter 149 of the General Laws, |
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41 | 41 | | 12as so appearing, is hereby amended by inserting, in line 68, after the word “week.” the following 2 of 5 |
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42 | 42 | | 13sentence:- For purposes of a violation of paragraph 2 of section 75B of chapter 152, restitution |
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43 | 43 | | 14shall include actual and compensatory damages, costs and reasonable attorneys’ fees, and |
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44 | 44 | | 15rectifying the infraction may include injunctive relief, punitive damages and other appropriate |
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45 | 45 | | 16relief. |
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46 | 46 | | 17 SECTION 4. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby |
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47 | 47 | | 18amended by inserting after the word “death,” in line 39, the following paragraph:- |
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48 | 48 | | 19 (3A) “Earnings” includes any wages, based on credible evidence, that the employer was |
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49 | 49 | | 20required to pay pursuant to chapter 149, chapter 151, or any other local, state or federal law. |
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50 | 50 | | 21When an employer has failed to pay an employee the full amount of wages required by law, and |
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51 | 51 | | 22the insurer is required to pay compensation to that employee based on the higher required |
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52 | 52 | | 23amount, the employer shall indemnify the insurer for any additional compensation owed |
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53 | 53 | | 24 under this chapter as a result of the additional wages. |
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54 | 54 | | 25 SECTION 5. Section 22 of said chapter 152 of the General Laws, as so appearing, is |
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55 | 55 | | 26hereby amended by striking out, in lines 10, 11 and 12, the words “may be given in the manner |
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56 | 56 | | 27therein provided or in such other manner as may be approved by the department” and inserting in |
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57 | 57 | | 28place thereof the following words:- |
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58 | 58 | | 29 shall be given to employees by posting a copy of the notice, as approved and issued by |
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59 | 59 | | 30the department, in a visible location utilized by and accessible to all employees of the insured |
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60 | 60 | | 31person and, depending on the customary manner in which the insured person communicates with |
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61 | 61 | | 32employees, by providing a hard or electronic copy of the notice to each employee at the time of |
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62 | 62 | | 33hire and when information contained in the notice changes. The notice shall include information |
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63 | 63 | | 34on unlawful retaliation, discrimination and fraud under chapter 152 and shall be made available 3 of 5 |
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64 | 64 | | 35by the department in English and all other languages required under subsection (d)(iii) of section |
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65 | 65 | | 3662A of chapter 151A. The insured person shall post the notice in English and all other primary or |
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66 | 66 | | 37preferred languages of current employees and shall provide the notice to individual employees in |
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67 | 67 | | 38their primary or preferred languages, except when the notice is not available from the department |
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68 | 68 | | 39in those languages. |
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69 | 69 | | 40 SECTION 6. Section 75B of said chapter 152 of the General Laws, as so appearing, is |
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70 | 70 | | 41hereby amended by striking out paragraphs (2) to (4) in their entirety and inserting in place |
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71 | 71 | | 42thereof the following paragraphs:- |
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72 | 72 | | 43 (2) No person or entity, itself or through its agent, may discharge, refuse to hire, or in any |
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73 | 73 | | 44other manner discriminate or take adverse action, or to threaten to discharge, refuse to hire, or in |
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74 | 74 | | 45any other manner discriminate or take adverse action, against any person because that person |
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75 | 75 | | 46has: (i) exercised a right afforded by this chapter, including reporting or seeking care for a work- |
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76 | 76 | | 47related injury or illness; (ii) assisted any other person in exercising a right afforded by this |
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77 | 77 | | 48chapter; (iii) informed any other person about a right afforded by this chapter; (iv) opposed a |
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78 | 78 | | 49violation of this chapter; (v) testified or in any other manner cooperated with an inquiry or |
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79 | 79 | | 50proceeding pursuant to this chapter; or (vi) because of a belief that the person may in the future |
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80 | 80 | | 51engage in any such actions. For purposes of this paragraph, “adverse action” shall include any |
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81 | 81 | | 52action to deprive an employee of any right afforded by this chapter, including through false |
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82 | 82 | | 53denial of an employment relationship or false denial that an injury or illness was work related. |
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83 | 83 | | 54 (3) There shall be a rebuttable presumption of a violation of paragraph (2) of this section |
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84 | 84 | | 55if a person or entity, itself or through its agent, discharges, refuses to hire, or in any other manner |
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85 | 85 | | 56discriminates or takes adverse action, or threatens to discharge, refuse to hire, or in any other 4 of 5 |
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86 | 86 | | 57manner discriminate or take adverse action, against a person within 90 days of that person’s |
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87 | 87 | | 58exercise of a right afforded by this chapter, including: (i) reporting or seeking care for a work- |
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88 | 88 | | 59related injury or illness; (ii) assisting any other person in exercising a right afforded by this |
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89 | 89 | | 60chapter; (iii) informing any other person about a right afforded by this chapter; (iv) opposing a |
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90 | 90 | | 61violation of this chapter; (v) or testifying or in any other manner cooperating with an inquiry or |
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91 | 91 | | 62proceeding pursuant to this chapter. This presumption may be rebutted by clear and convincing |
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92 | 92 | | 63evidence that the adverse action was taken for a permissible purpose and that the action would |
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93 | 93 | | 64have been taken in the absence of the person’s exercise of a right afforded by this chapter. For |
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94 | 94 | | 65purposes of this paragraph, “adverse action” shall include any action to deprive an employee of |
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95 | 95 | | 66any right afforded by this chapter, including through false denial of an employment relationship |
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96 | 96 | | 67or false denial that an injury or illness was work related. |
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97 | 97 | | 68 (4) A person claiming to be aggrieved by a violation of paragraph 2 of this section may |
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98 | 98 | | 69file a complaint with the attorney general, who may initiate criminal or civil proceedings |
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99 | 99 | | 70pursuant to section 27C of chapter 149. Alternatively, a person claiming to be aggrieved by a |
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100 | 100 | | 71violation of paragraph 2 of this section may, within 3 years after the violation, initiate a civil |
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101 | 101 | | 72action; provided, however, that the 3-year limitation period shall be tolled from the date that the |
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102 | 102 | | 73person files a complaint with the attorney general alleging violation of paragraph 2 of this |
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103 | 103 | | 74section until the date that the attorney general’s office declines to pursue enforcement of that |
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104 | 104 | | 75complaint or the date that an enforcement action by the attorney general becomes final. A person |
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105 | 105 | | 76so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated |
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106 | 106 | | 77damages, for any lost wages and other benefits, other actual and compensatory damages, costs of |
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107 | 107 | | 78litigation and reasonable attorneys’ fees and may be awarded injunctive relief, punitive damages |
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108 | 108 | | 79and other appropriate relief. 5 of 5 |
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109 | 109 | | 80 (5) Upon a determination by the commissioner that a request for data maintained by the |
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110 | 110 | | 81department is intended to be used in such a manner as to violate the purposes of this section, the |
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111 | 111 | | 82commissioner may find that the disclosure of such data constitutes an unwarranted invasion of |
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112 | 112 | | 83personal privacy pursuant to chapter 4 and deny said request. Nothing in this section shall be |
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113 | 113 | | 84construed to prohibit an insurer's right to obtain information held by the department regarding |
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114 | 114 | | 85any employee who has filed a claim against such insurer. |
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