| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- H 6461 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC003079 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 Corvese, Messier, Alzate, Casey, Azzinaro, Kennedy, |
|---|
| 18 | 18 | | and Noret |
|---|
| 19 | 19 | | Date Introduced: May 31, 2023 |
|---|
| 20 | 20 | | Referred To: House Labor |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | It is enacted by the General Assembly as follows: |
|---|
| 24 | 24 | | SECTION 1. Sections 28-33-5, 28-33-17.1 and 28-33-19 of the General Laws in Chapter 1 |
|---|
| 25 | 25 | | 28-33 entitled "Workers’ Compensation — Benefits" are hereby amended to read as follows: 2 |
|---|
| 26 | 26 | | 28-33-5. Medical services provided by employer. 3 |
|---|
| 27 | 27 | | The employer shall, subject to the choice of the employee as provided in § 28-33-8, 4 |
|---|
| 28 | 28 | | promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other 5 |
|---|
| 29 | 29 | | attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such 6 |
|---|
| 30 | 30 | | period as is necessary, in order to cure, rehabilitate, or relieve the employee from the effects of the 7 |
|---|
| 31 | 31 | | employee’s injury; provided, that no fee for major surgery shall be paid unless permission for it is 8 |
|---|
| 32 | 32 | | first obtained from the workers’ compensation court, the employer, or the insurance carrier 9 |
|---|
| 33 | 33 | | involved, except where compliance with it may prove fatal or detrimental to the employee. 10 |
|---|
| 34 | 34 | | Irrespective of the date of injury, the liability of the employer for hospital service rendered under 11 |
|---|
| 35 | 35 | | this section to the injured employee shall be the cost to the hospital of rendering the service at the 12 |
|---|
| 36 | 36 | | time the service is rendered. The director, after consultations with representatives of hospitals, 13 |
|---|
| 37 | 37 | | employers, and insurance companies, shall establish administrative procedures regarding the 14 |
|---|
| 38 | 38 | | furnishing and filing of data and the time and method of billing and may accept as representing the 15 |
|---|
| 39 | 39 | | costs for both routine and special services to patients, costs as computed for the federal Medicare 16 |
|---|
| 40 | 40 | | program. Each hospital licensed under chapter 17 of title 23 that renders services to injured 17 |
|---|
| 41 | 41 | | employees under the workers’ compensation act, chapters 29 — 38 of this title, shall submit and 18 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC003079 - Page 2 of 7 |
|---|
| 45 | 45 | | certify to the director, in accordance with requirements of the administrative procedures established 1 |
|---|
| 46 | 46 | | by him or her, its costs for those services. The employer shall also provide all medical, optical, 2 |
|---|
| 47 | 47 | | dental, and surgical appliances and apparatus required to cure or relieve the employee from the 3 |
|---|
| 48 | 48 | | effects of the injury, including, but not limited to, the following: ambulance and nursing service, 4 |
|---|
| 49 | 49 | | eyeglasses, dentures, braces and supports, artificial limbs, crutches, and other similar appliances; 5 |
|---|
| 50 | 50 | | provided, that the employer shall not be liable to pay for or provide hearing aids or other 6 |
|---|
| 51 | 51 | | amplification devices. 7 |
|---|
| 52 | 52 | | 28-33-17.1. Employees not entitled to compensation. 8 |
|---|
| 53 | 53 | | (a) An employee shall not be entitled to compensation under chapters 29 — 38 of this title 9 |
|---|
| 54 | 54 | | for any period during which the employee was gainfully employed or found capable of gainful 10 |
|---|
| 55 | 55 | | employment at an average weekly wage equal to or in excess of the pre-injury average weekly 11 |
|---|
| 56 | 56 | | wage, exclusive of overtime, that he or she was earning at the time of his or her injury, 12 |
|---|
| 57 | 57 | | notwithstanding an existing agreement or decree to the contrary. 13 |
|---|
| 58 | 58 | | (b) In the event that any employer or insurer makes payment of compensation benefits to 14 |
|---|
| 59 | 59 | | an employee for any period during which the employee was not entitled to be paid in accordance 15 |
|---|
| 60 | 60 | | with subsection (a) of this section, or in the event that an overpayment of weekly benefits was paid, 16 |
|---|
| 61 | 61 | | the employer shall be entitled to credit for any payment of compensation made during that period 17 |
|---|
| 62 | 62 | | of employment against future compensation benefits and/or specific compensation benefits 18 |
|---|
| 63 | 63 | | pursuant to § 28-33-19 payable directly to the employee, as agreed to by the parties, or determined 19 |
|---|
| 64 | 64 | | by the court. 20 |
|---|
| 65 | 65 | | (c) An employee shall also not be entitled to compensation under chapters 29 — 38 of this 21 |
|---|
| 66 | 66 | | title for any period during which the employee was imprisoned as a result of a conviction of a 22 |
|---|
| 67 | 67 | | criminal offense. Where the disposition of criminal charges results in a conviction and includes 23 |
|---|
| 68 | 68 | | credit for time-served, such that the time served becomes a period served as the result of a 24 |
|---|
| 69 | 69 | | conviction, the employee shall not be entitled to compensation for that period. If payments were 25 |
|---|
| 70 | 70 | | made to the employee for that period, prior to the disposition of the charges, the employer/insurer 26 |
|---|
| 71 | 71 | | shall be entitled to a credit for the payments as against any future entitlement to benefits. 27 |
|---|
| 72 | 72 | | 28-33-19. Additional compensation for specific injuries. 28 |
|---|
| 73 | 73 | | (a)(1) In case of the following specified injuries there shall be paid in addition to all other 29 |
|---|
| 74 | 74 | | compensation provided for in chapters 29 — 38 of this title a weekly payment equal to one-half 30 |
|---|
| 75 | 75 | | (½) of the average weekly earnings of the injured employee, but in no case more than ninety dollars 31 |
|---|
| 76 | 76 | | ($90.00) nor less than forty-five dollars ($45.00) per week. In case of the following specified 32 |
|---|
| 77 | 77 | | injuries that occur on or after January 1, 2012, there shall be paid in addition to all other 33 |
|---|
| 78 | 78 | | compensation provided for in chapters 29 — 38 of this title a weekly payment equal to one-half 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC003079 - Page 3 of 7 |
|---|
| 82 | 82 | | (½) of the average weekly earnings of the injured employee, but in no case more than one hundred 1 |
|---|
| 83 | 83 | | eighty dollars ($180) nor less than ninety dollars ($90.00) per week. Payment made under this 2 |
|---|
| 84 | 84 | | section shall be made in a one-time payment unless the parties otherwise agree. Payment shall be 3 |
|---|
| 85 | 85 | | mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties: 4 |
|---|
| 86 | 86 | | (i) For the loss by severance of both hands at or above the wrist, or for the loss of the arm 5 |
|---|
| 87 | 87 | | at or above the elbow or for the loss of the leg at or above the knee, or both feet at or above the 6 |
|---|
| 88 | 88 | | ankle, or of one hand and one foot, or the entire and irrecoverable loss of the sight of both eyes, or 7 |
|---|
| 89 | 89 | | the reduction to one-tenth ( |
|---|
| 90 | 90 | | 1 |
|---|
| 91 | 91 | | /10) or less of normal vision with glasses, for a period of three hundred 8 |
|---|
| 92 | 92 | | twelve (312) weeks; provided, that for the purpose of this chapter the Snellen chart reading ( |
|---|
| 93 | 93 | | 20 |
|---|
| 94 | 94 | | /200) 9 |
|---|
| 95 | 95 | | shall equal one-tenth ( |
|---|
| 96 | 96 | | 1 |
|---|
| 97 | 97 | | /10) of normal vision or a reduction of ninety percent (90%) of the vision. 10 |
|---|
| 98 | 98 | | Additionally, any loss of visual performance including, but not limited to, loss of binocular vision, 11 |
|---|
| 99 | 99 | | other than direct visual acuity may be considered in evaluating eye loss; 12 |
|---|
| 100 | 100 | | (ii) For the loss by severance of either arm at or above the elbow, or of either leg at or 13 |
|---|
| 101 | 101 | | above the knee, for a period of three hundred twelve (312) weeks; 14 |
|---|
| 102 | 102 | | (iii) For the loss by severance of either hand at or above the wrist for a period of two 15 |
|---|
| 103 | 103 | | hundred forty-four (244) weeks; 16 |
|---|
| 104 | 104 | | (iv) For the entire and irrecoverable loss of sight of either eye, or the reduction to one-tenth 17 |
|---|
| 105 | 105 | | ( |
|---|
| 106 | 106 | | 1 |
|---|
| 107 | 107 | | /10) or less of normal vision with glasses, or for loss of binocular vision for a period of one hundred 18 |
|---|
| 108 | 108 | | sixty (160) weeks; 19 |
|---|
| 109 | 109 | | (v) For the loss by severance of either foot at or above the ankle, for a period of two hundred 20 |
|---|
| 110 | 110 | | five (205) weeks; 21 |
|---|
| 111 | 111 | | (vi) For the loss by severance of the entire distal phalange of either thumb for a period of 22 |
|---|
| 112 | 112 | | thirty-five (35) weeks; and for the loss by severance at or above the second joint of either thumb, 23 |
|---|
| 113 | 113 | | for a period of seventy-five (75) weeks; 24 |
|---|
| 114 | 114 | | (vii) For the loss by severance of one phalange of either index finger, for a period of twenty-25 |
|---|
| 115 | 115 | | five (25) weeks; for the loss by severance of at least two (2) phalanges of either index finger, for a 26 |
|---|
| 116 | 116 | | period of thirty-two (32) weeks; for the loss by severance of at least three (3) phalanges of either 27 |
|---|
| 117 | 117 | | index finger, for a period of forty-six (46) weeks; 28 |
|---|
| 118 | 118 | | (viii) For the loss by severance of one phalange of the second finger of either hand, for a 29 |
|---|
| 119 | 119 | | period of sixteen (16) weeks; for the loss by severance of two (2) phalanges of the second finger of 30 |
|---|
| 120 | 120 | | either hand, for a period of twenty-two (22) weeks; for the loss by severance of three (3) phalanges 31 |
|---|
| 121 | 121 | | of the second finger on either hand, for a period of thirty (30) weeks; 32 |
|---|
| 122 | 122 | | (ix) For the loss by severance of one phalange of the third finger of either hand, for a period 33 |
|---|
| 123 | 123 | | of twelve (12) weeks; for the loss by severance of two (2) phalanges of the third finger of either 34 |
|---|
| 124 | 124 | | |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | LC003079 - Page 4 of 7 |
|---|
| 127 | 127 | | hand, for a period of eighteen (18) weeks; for the loss by severance of three (3) phalanges of a third 1 |
|---|
| 128 | 128 | | finger of either hand, for a period of twenty-five (25) weeks; 2 |
|---|
| 129 | 129 | | (x) For the loss by severance of one phalange of the fourth finger of either hand, for a 3 |
|---|
| 130 | 130 | | period of ten (10) weeks; for the loss by severance of two (2) phalanges of the fourth finger of 4 |
|---|
| 131 | 131 | | either hand, for a period of fourteen (14) weeks; for the loss by severance of three (3) phalanges of 5 |
|---|
| 132 | 132 | | a fourth finger of either hand, for a period of twenty (20) weeks; 6 |
|---|
| 133 | 133 | | (xi) For the loss by severance of one phalange of the big toe on either foot, for a period of 7 |
|---|
| 134 | 134 | | twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, for 8 |
|---|
| 135 | 135 | | a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any other 9 |
|---|
| 136 | 136 | | toe than the big toe, for a period of ten (10) weeks for each such toe; 10 |
|---|
| 137 | 137 | | (xii) For partial loss by severance for any of the injuries specified in paragraphs (1)(i) — 11 |
|---|
| 138 | 138 | | (1)(xi) of this subsection, proportionate benefits shall be paid for the period of time that the partial 12 |
|---|
| 139 | 139 | | loss by severance bears to the total loss by severance. 13 |
|---|
| 140 | 140 | | (2) Where any bodily member or portion of it has been rendered permanently stiff or 14 |
|---|
| 141 | 141 | | useless, compensation in accordance with the above schedule shall be paid as if the member or 15 |
|---|
| 142 | 142 | | portion of it had been completely severed; provided, that if the stiffness or uselessness is less than 16 |
|---|
| 143 | 143 | | total, then compensation shall be paid for that period of weeks in proportion to the applicable period 17 |
|---|
| 144 | 144 | | where the member or portion of it has been completely severed as the instant percentage of stiffness 18 |
|---|
| 145 | 145 | | or uselessness bears to the total stiffness or total uselessness of the bodily members or portion of 19 |
|---|
| 146 | 146 | | them. 20 |
|---|
| 147 | 147 | | (3) In case of the following specified injuries there shall be paid in addition to all other 21 |
|---|
| 148 | 148 | | compensation provided for in chapters 29 — 38 under this title a weekly payment equal to one-half 22 |
|---|
| 149 | 149 | | ( |
|---|
| 150 | 150 | | 1 |
|---|
| 151 | 151 | | /2) of the average weekly earnings of the injured employee, but in no case more than ninety dollars 23 |
|---|
| 152 | 152 | | ($90.00) nor less than forty-five dollars ($45.00) per week. Payment under this subsection shall be 24 |
|---|
| 153 | 153 | | made in a one-time payment unless the parties otherwise agree. Payment shall be mailed within 25 |
|---|
| 154 | 154 | | fourteen (14) days of the entry of a decree, order, or agreement of the parties: 26 |
|---|
| 155 | 155 | | (i) For permanent disfigurement of the body the number of weeks may not exceed five 27 |
|---|
| 156 | 156 | | hundred (500) weeks, which sum shall be payable in a one-time payment within fourteen (14) days 28 |
|---|
| 157 | 157 | | of the entry of a decree, order, or agreement of the parties in addition to all other sums under this 29 |
|---|
| 158 | 158 | | section wherever it is applicable. 30 |
|---|
| 159 | 159 | | (4)(i) Loss of hearing due to industrial noise is recognized as an occupational disease for 31 |
|---|
| 160 | 160 | | purposes of chapters 29 — 38 of this title and occupational deafness is defined to be a loss of 32 |
|---|
| 161 | 161 | | hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful 33 |
|---|
| 162 | 162 | | noise means sound capable of producing occupational deafness. 34 |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | |
|---|
| 165 | 165 | | LC003079 - Page 5 of 7 |
|---|
| 166 | 166 | | (ii) Hearing loss shall be evaluated pursuant to protocols established by the workers’ 1 |
|---|
| 167 | 167 | | compensation medical advisory board. All treatment consistent with this subsection shall be 2 |
|---|
| 168 | 168 | | consistent with the protocols established by the workers’ compensation medical advisory board 3 |
|---|
| 169 | 169 | | subject to § 28-33-5. 4 |
|---|
| 170 | 170 | | (iii) If the employer has conducted baseline screenings within one (1) year of exposure to 5 |
|---|
| 171 | 171 | | harmful noise to evaluate the extent of an employee’s preexisting hearing loss, the causative factor 6 |
|---|
| 172 | 172 | | shall be apportioned based on the employee’s preexisting hearing loss and subsequent occupational 7 |
|---|
| 173 | 173 | | hearing loss, and the compensation payable to the employee shall only be that portion of the 8 |
|---|
| 174 | 174 | | compensation related to the present work-related exposure. 9 |
|---|
| 175 | 175 | | (iv) There shall be payable as permanent partial disability for total occupational deafness 10 |
|---|
| 176 | 176 | | of one ear, seventy-five (75) weeks of compensation; for total occupational deafness of both ears, 11 |
|---|
| 177 | 177 | | two hundred forty-four (244) weeks of compensation; for partial occupational deafness in one or 12 |
|---|
| 178 | 178 | | both ears, compensation shall be paid for any periods that are proportionate to the relation that the 13 |
|---|
| 179 | 179 | | hearing loss bears to the amount provided in this subdivision for total loss of hearing in one or both 14 |
|---|
| 180 | 180 | | ears, as the case may be. For the complete loss of hearing for either ear due to external trauma or 15 |
|---|
| 181 | 181 | | by other mechanism, acuity loss shall be paid pursuant to this subsection. 16 |
|---|
| 182 | 182 | | (v) No benefits shall be granted for tinnitus, psychogenic hearing loss, congenital hearing 17 |
|---|
| 183 | 183 | | loss, recruitment, or hearing loss above three thousand (3,000) hertz. 18 |
|---|
| 184 | 184 | | (vi) The provisions of this subsection and the amendments insofar as applicable to hearing 19 |
|---|
| 185 | 185 | | loss shall be operative as to any occupational hearing loss that occurs on or after September 1, 2003, 20 |
|---|
| 186 | 186 | | except for acuity hearing loss related to a single event which shall become effective upon passage. 21 |
|---|
| 187 | 187 | | (vii) If previous hearing loss, whether occupational or not, is established by an audiometric 22 |
|---|
| 188 | 188 | | examination or other competent evidence, whether or not the employee was exposed to assessable 23 |
|---|
| 189 | 189 | | noise exposure within one year preceding the test, the employer is not liable for the previous loss, 24 |
|---|
| 190 | 190 | | nor is the employer liable for a loss for which compensation has previously been paid or awarded. 25 |
|---|
| 191 | 191 | | The employer is liable only for the difference between the percent of occupational hearing loss 26 |
|---|
| 192 | 192 | | determined as of the date of the audiometric examination conducted by a certified audiometric 27 |
|---|
| 193 | 193 | | technician using an audiometer which meets the specifications established by the American 28 |
|---|
| 194 | 194 | | National Standards Institute (ANSI 3.6-1969, ri973) used to determine occupational hearing loss 29 |
|---|
| 195 | 195 | | and the percentage of loss established by the baseline audiometric examination. An amount paid to 30 |
|---|
| 196 | 196 | | an employee for occupational hearing loss by any other employer shall be credited against 31 |
|---|
| 197 | 197 | | compensation payable by the subject employer for the hearing loss. The employee shall not receive 32 |
|---|
| 198 | 198 | | in the aggregate greater compensation from all employers for occupational hearing loss than that 33 |
|---|
| 199 | 199 | | provided in this section for total occupational hearing loss. A payment shall not be paid to an 34 |
|---|
| 200 | 200 | | |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | LC003079 - Page 6 of 7 |
|---|
| 203 | 203 | | employee unless the employee has worked in excessive noise exposure employment for a total 1 |
|---|
| 204 | 204 | | period of at least one hundred eighty (180) days for the employer for whom compensation is 2 |
|---|
| 205 | 205 | | claimed. 3 |
|---|
| 206 | 206 | | (viii) No claim for occupational deafness may be filed until six (6) months’ separation from 4 |
|---|
| 207 | 207 | | the type of noisy work for the last employer in whose employment the employee was at any time 5 |
|---|
| 208 | 208 | | during the employment exposed to harmful noise. 6 |
|---|
| 209 | 209 | | (ix) The total compensation due for hearing loss is recovered from the employer who last 7 |
|---|
| 210 | 210 | | employed the employee in whose employment the employee was last exposed to harmful noise and 8 |
|---|
| 211 | 211 | | the insurance carrier, if any, on the risk when the employee was last so exposed, and if the 9 |
|---|
| 212 | 212 | | occupational hearing loss was contracted while the employee was in the employment of a prior 10 |
|---|
| 213 | 213 | | employer, and there was no baseline testing by the last employer, the employer and insurance 11 |
|---|
| 214 | 214 | | carrier that is made liable for the total compensation as provided by this section may petition the 12 |
|---|
| 215 | 215 | | workers’ compensation court for an apportionment of the compensation among the several 13 |
|---|
| 216 | 216 | | employers that since the contraction of the hearing loss have employed the employee in a noisy 14 |
|---|
| 217 | 217 | | environment. 15 |
|---|
| 218 | 218 | | (b) Where payments are required to be made under more than one clause of this section, 16 |
|---|
| 219 | 219 | | payments shall be made in a one-time payment unless the parties otherwise agree. Payment shall 17 |
|---|
| 220 | 220 | | be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties and 18 |
|---|
| 221 | 221 | | a penalty of one hundred dollars ($100) shall be assessed for every day that the payment is 19 |
|---|
| 222 | 222 | | delinquent. 20 |
|---|
| 223 | 223 | | (c) Payments pursuant to this section, except paragraph (a)(3)(i) of this section, shall be 21 |
|---|
| 224 | 224 | | made only after an employee’s condition as relates to loss of use has reached maximum medical 22 |
|---|
| 225 | 225 | | improvement as defined in § 28-29-2 and as found pursuant to § 28-33-18(b). 23 |
|---|
| 226 | 226 | | SECTION 2. This act shall take effect upon passage. 24 |
|---|
| 227 | 227 | | ======== |
|---|
| 228 | 228 | | LC003079 |
|---|
| 229 | 229 | | ======== |
|---|
| 230 | 230 | | |
|---|
| 231 | 231 | | |
|---|
| 232 | 232 | | LC003079 - Page 7 of 7 |
|---|
| 233 | 233 | | EXPLANATION |
|---|
| 234 | 234 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 235 | 235 | | OF |
|---|
| 236 | 236 | | A N A C T |
|---|
| 237 | 237 | | RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATIO N -- |
|---|
| 238 | 238 | | BENEFITS |
|---|
| 239 | 239 | | *** |
|---|
| 240 | 240 | | This act would amend sections of law relative to workers compensation benefits and 1 |
|---|
| 241 | 241 | | medical services to be provided by the employer, employees not entitled to compensation, and 2 |
|---|
| 242 | 242 | | additional compensation for specific injuries. 3 |
|---|
| 243 | 243 | | This act would take effect upon passage. 4 |
|---|
| 244 | 244 | | ======== |
|---|
| 245 | 245 | | LC003079 |
|---|
| 246 | 246 | | ======== |
|---|