4 minute read
Worker’s Compensation
from Summer 2020 Anchor
by VIAA
Worker’s Compensation Corner
What’s Going On?
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COVID 19 CHALLENGES FACING WORKER’S COMPENSATION
In my last two columns, I have written on the coronavirus and its effect on the workers’ compensation system in Rhode Island. While workers’ comp, like most everything else, remains hostage to the pandemic, our workers’ comp system continues to function pretty well. I will focus my update on workers’ compensation in Rhode Island.
The General Assembly is presently considering three bills where workers’ compensation is a primary topic. After meeting virtually, the Advisory Council made recommendations to the General Assembly in the form of an “omnibus bill”. (S 2915, H 8085). As of this writing, both the Senate and the House have passed both and they will be sent to the Governor for consideration shortly.
The recommended changes are minor. One section amends the Uninsured Protection Fund to eliminate ambiguities, and the other section amends the treating physician affidavit reporting requirements. Both sections will become law upon passage. The General Assembly is also considering legislation to create a presumption of compensability, for certain job classes, in the event an employee contracts COVID-19. (H8066). This bill has not been scheduled or heard in Committee. It contains many inconsistencies and ambiguities that need clarification. If passed, this bill would add significant expense to the cost of doing business in Rhode Island. It is important to remember that COVID-19 claims are compensable in Rhode Island if contraction of the virus arose out of and in the course of employment.
The other bill pending would permit the Division of Motor Vehicles to suspend the registration of motor carriers upon receipt of notice from the Department of Labor and Training that the carrier has not secured workers compensation insurance. (H7220). This bill was recommended for passage by the Corporations Committee and is not yet scheduled for a vote by the full House.
At its final meeting of the year, the Workers’ Compensation Advisory Council charged its task forces with continuing to study the issues of specific compensation and hearing loss in the workers’ compensation system. In addition, the Department of Labor and Training has suggested that the method by which the indemnity benefit rate is computed from the average weekly wage needs revision. Changes in the Internal Revenue Code have made the Rhode Island benefit formula almost unworkable. This is being studied as well. Finally, there was talk about changing the language in the waiver forms. The Association’s Government Affairs Committee will be part of this process.
The Department of Labor and Training’s misclassification task force has been on hiatus during the pandemic. Recommendations for new rules on Stop Work Orders and out of state coverage were recommended and approved but have not yet been published. The Department and the Attorney General are taking an aggressive stance on misclassification and lack of insurance and recently publicized a prosecution in the Superior Court on underreporting of payroll. The prudent agent will remind their customer to continue to work in good faith to ensure proper coverage and reporting of job classification and payroll. Beacon looks forward to working with you in this regard.
The pandemic is not in the way of most matters being heard at the Workers’ Compensation Court. Trials and live matters are now heard in the afternoon at the Court. Depositions of injured workers, witnesses and experts are now being done, many times virtually. While
the pandemic continues to cause some delay and resulting expense to the system, the Court system in our state continues to function at a very high level.
To conclude, the Rhode Island workers’ compensation system continues to function very well. Please stay engaged and involved with your Association, your clients and your insurance carriers as our economy renews. As always, we at Beacon remain available to you with questions and ideas on all things workers’ comp.
Mike Lynch has more than 30 years of experience in workers’ compensation law. Prior to Beacon, Mike was a partner at Higgins, Cavanagh & Cooney where he practiced primarily in the area of workers’ compensation defense.
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