Bill > S929

This bill, concerning workers' compensation supplemental benefits, aims to provide additional weekly payments to certain employees or their dependents who are already receiving benefits for a disability or death that occurred after December 31, 1979, and who are not eligible for special adjustment benefits. These supplemental benefits will be paid from the Second Injury Fund, a fund designed to help employers and insurers when a worker's injury is aggravated by a prior condition. The bill adjusts the fiscal year start dates for these payments and for the calculation of surcharges levied on employers to fund the Second Injury Fund, moving them from 2016 to 2017. The amount of supplemental benefits will gradually increase over three fiscal years, reaching 100% of a calculated base amount by fiscal year 2018-2019. This base amount is determined by ensuring the total weekly benefits (initial award plus supplemental benefits) maintain the same percentage of the maximum workers' compensation rate as the original award did at the time of injury. However, these supplemental benefits will be reduced if they, combined with other benefits like those from the Federal Old Age, Survivors and Disability Insurance Act (often referred to as Social Security disability benefits), exceed certain federal limits, or if the individual receives other specific benefits such as Black Lung benefits or employer-provided disability pensions. Supplemental benefits under $5 per week will not be paid, nor will they be paid to individuals who opt out of receiving eligible federal Social Security benefits. The bill also clarifies that these supplemental benefits will not alter existing provisions related to special adjustment benefits. Insurance carriers and self-insured employers are required to notify the Division of Workers' Compensation about the need for these supplemental payments within 60 days of determination, with failure to do so potentially shifting liability for incorrect payments from the Second Injury Fund to the employer.