Rhode Island 2023 Regular Session

Rhode Island House Bill H6079 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6079
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7	7	LC001892
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATIO N --
16	16	BENEFITS
17	17	Introduced By: Representatives Sanchez, Morales, Felix, and Cardillo
18	18	Date Introduced: March 03, 2023
19	19	Referred To: House Labor
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 28-33-47 of the General Laws in Chapter 28-33 entitled "Workers’ 1
24	24	Compensation — Benefits" is hereby amended to read as follows: 2
25	25	28-33-47. Reinstatement of injured worker. 3
26	26	(a) A worker who has sustained a compensable injury shall be reinstated by the worker’s 4
27	27	employer to the worker’s former position of employment upon written demand for reinstatement if 5
28	28	the position exists and is available and the worker is not disabled from performing the duties of the 6
29	29	position with reasonable accommodation made by the employer in the manner in which the work 7
30	30	is to be performed. A workers’ former position is “available” even if that position has been filled 8
31	31	by a replacement while the injured worker was absent as a result of the worker’s compensable 9
32	32	injury. If the former position is not available, the worker shall be reinstated in any other existing 10
33	33	position that is vacant and suitable. A certificate by the treating physician that the physician 11
34	34	approves the worker’s return to the worker’s regular employment or other suitable employment 12
35	35	shall be prima facie evidence that the worker is able to perform the duties. 13
36	36	(b) The right of reinstatement shall be subject to the provisions for seniority rights and 14
37	37	other employment restrictions contained in a valid collective bargaining agreement between the 15
38	38	employer and a representative of the employer’s employees, and nothing shall exempt any 16
39	39	employer from or excuse full compliance with any applicable provisions of the Americans with 17
40	40	Disabilities Act, 42 U.S.C. § 12101 et seq., and chapter 87 of title 42. 18
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44	44	(c) Notwithstanding subsection (a) of this section: 1
45	45	(1) The right to reinstatement to the worker’s former position under this section terminates 2
46	46	upon any of the following: 3
47	47	(i) A medical determination by the treating physician, impartial medical examiner, or 4
48	48	comprehensive independent healthcare review team that the worker cannot, at maximum medical 5
49	49	improvement, return to the former position of employment or any other existing position with the 6
50	50	same employer that is vacant and suitable; 7
51	51	(ii) The approval by the workers’ compensation court of a vocational rehabilitation 8
52	52	program for the worker to train the worker for alternative employment with another employer; 9
53	53	(iii) The worker’s acceptance of suitable employment with another employer after reaching 10
54	54	maximum medical improvement; 11
55	55	(iv) The worker’s refusal of a bona fide offer from the employer of light duty employment 12
56	56	or suitable alternative employment, prior to reaching maximum medical improvement; 13
57	57	(v) The expiration of ten (10) days from the date that the worker is notified by the insurer 14
58	58	or self-insured employer by mail at the address to which the weekly compensation benefits are 15
59	59	mailed that the worker’s treating physician has released the worker for employment unless the 16
60	60	worker requests reinstatement within that time period; 17
61	61	(vi) The expiration of thirty (30) days after the employee reaches maximum medical 18
62	62	improvement or concludes or ceases to participate in an approved program of rehabilitation, or one 19
63	63	year from the date of injury, whichever is sooner, provided, in the event a petition to establish 20
64	64	liability for an injury is filed, but not decided within one year of the date of injury, within twenty-21
65	65	one (21) days from the first finding of liability. Notwithstanding the foregoing, where the employee 22
66	66	is participating in an approved program of rehabilitation specifically designed to provide the 23
67	67	employee with the ability to perform a job for which he or she would be eligible under subsection 24
68	68	(a) of this section, the right of reinstatement shall terminate when the employee concludes or ceases 25
69	69	to participate in the program or eighteen (18) months from the date of injury, whichever is sooner; 26
70	70	(vii) Except where otherwise provided under a collective bargaining agreement, the 27
71	71	approval by the court of a settlement pursuant to chapters 29 — 38 of this title. 28
72	72	(2) The right to reinstatement under this section does not apply to: 29
73	73	(i) A worker hired on a temporary basis; 30
74	74	(ii) A worker employed in a seasonal occupation; 31
75	75	(iii) A worker who works out of a hiring hall operating pursuant to a collective bargaining 32
76	76	agreement; 33
77	77	(iv) A worker whose employer employs nine (9) or fewer workers at the time of the 34
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81	81	worker’s injury; or 1
82	82	(v) A worker who is on a probationary period of less than ninety-one (91) days. 2
83	83	(d) Any violation of this section is deemed an unlawful employment practice. If the 3
84	84	employee applies for reinstatement under this section and the employer in violation of this section 4
85	85	refuses to reinstate the employee, the workers’ compensation court is authorized to order 5
86	86	reinstatement and award back pay and the cost of fringe benefits lost during the period as 6
87	87	appropriate. Determinations of reinstatement disputes shall be rendered by the workers’ 7
88	88	compensation court in accordance with this section and chapters 29 — 38 of this title, and the rules 8
89	89	of practice of the workers’ compensation court. 9
90	90	(e) When an employee is entitled to reinstatement under this section, but the position to 10
91	91	which reinstatement is sought does not exist or is not available, the employee may file for 11
92	92	unemployment benefits as if then laid off from that employment, and unemployment benefits shall 12
93	93	be calculated pursuant to § 28-42-3(4); provided, that an employee cannot collect both workers’ 13
94	94	compensation indemnity benefits and unemployment benefits under this section. 14
95	95	(f) The education division of the department of labor and training shall provide information 15
96	96	to employees who receive benefits under this title of the provisions of this section. 16
97	97	(g) Any requests for reinstatement determinations pending before the director prior to 17
98	98	September 1, 2000, will remain at the department for resolution. Any requests after this date will 18
99	99	be heard by the workers’ compensation court. 19
100	100	(h) Any employee who has sustained a work-related injury and is capable of performing 20
101	101	the essential functions of a particular job, or who would be capable of performing the essential 21
102	102	functions of such job with reasonable accommodations, shall be deemed to be an employee entitled 22
103	103	to compensation according to § 28-33-1. 23
104	104	(i) No employer or duly authorized agent of an employer shall discharge, refuse to hire or 24
105	105	in any other manner discriminate against an employee because the employee has exercised a right 25
106	106	afforded by this chapter, or who has testified or in any manner cooperated with an inquiry or 26
107	107	proceeding pursuant to this chapter, unless the employee knowingly participated in a fraudulent 27
108	108	proceeding. Any person claiming to be aggrieved by a violation of this chapter may initiate 28
109	109	proceedings in the appropriate venue for which the alleged violation occurred. An employer found 29
110	110	to have violated this section shall be exclusively liable to pay to the employee lost wages, shall 30
111	111	grant the employee suitable employment, and shall reimburse such reasonable attorneys' fees 31
112	112	incurred in the protection of rights granted as shall be determined by the court. The court may grant 32
113	113	whatever equitable relief it deems necessary to protect rights granted by this section. 33
114	114	(j) In the event that any right set forth in this section is inconsistent with an applicable 34
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118	118	collective bargaining agreement, such agreement shall prevail. An employee may not otherwise 1
119	119	waive rights granted by this section. 2
120	120	(k) Upon a determination by the director that a request for data maintained by the 3
121	121	department is intended to be used in such a manner as to violate the purposes of this section, the 4
122	122	director may find that the disclosure of such data constitutes an unwarranted invasion of personal 5
123	123	privacy. Nothing in this section shall be construed to prohibit an insurer’s right to obtain any 6
124	124	information held by the department regarding any employee who has filed a claim against such 7
125	125	insurer. 8
126	126	SECTION 2. This act shall take effect upon passage. 9
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133	133	EXPLANATION
134	134	BY THE LEGISLATIVE COUNCIL
135	135	OF
136	136	A N A C T
137	137	RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATIO N --
138	138	BENEFITS
139	139	***
140	140	This act would prevent employers from discriminating against an employee because the 1
141	141	employee has exercised a right afforded by the workers' compensation statute. Also, this act would 2
142	142	define the improper disclosure of employee’s data as an unwarranted invasion of personal privacy. 3
143	143	This act would take effect upon passage. 4
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