Bill > A1908

This bill, concerning workers' compensation supplemental benefits, adjusts the start dates for fiscal years related to these benefits, moving them to fiscal year 2016 (beginning July 1, 2015) and subsequent years, and modifies how supplemental benefits are calculated and paid from the Second Injury Fund. Specifically, it outlines that individuals receiving weekly benefits for disabilities or deaths occurring after December 31, 1979, and who are not eligible for special adjustment benefits, will receive supplemental benefits if their initial award is less than what it would be with these supplements. The calculation of these supplemental benefits aims to maintain a proportional relationship to the maximum workers' compensation rate at the time of injury, with the actual amount paid increasing gradually from 33 1/3% in fiscal year 2016 to 100% in fiscal year 2018 and beyond. The bill also introduces several conditions and reductions for these supplemental benefits, including ensuring they do not cause a reduction in federal Social Security disability benefits, reducing them by other benefits like Social Security or Black Lung benefits (with some exceptions), and disallowing them if the calculated amount is less than $5 per week or if an individual opts out of eligible federal Social Security benefits. Furthermore, it clarifies that insurance carriers or self-insured employers must notify the Division of Workers' Compensation about the need for these supplemental payments within 60 days, or they may be held liable for incorrect payments. The Second Injury Fund is a state-managed fund that helps employers and insurers by covering a portion of the costs for workers' compensation claims involving pre-existing conditions or for older, long-term disability cases.