S2476 —

2021, c.055 (S2476) §1CHAPTER -55 C.34:15-95.8   P.L.An Act concerning certain workers' compensation benefits for surviving dependents of employees deemed essential during coronavirus disease 2019 pandemic and supplementing chapter 15 of Title 34 of the Revised Statutes.

2021, CHAPTER 55, approved April 19, 2021 Senate, No.

2476     An Act concerning certain workers' compensation benefits for surviving dependents of employees deemed essential during coronavirus disease 2019 pandemic and supplementing chapter 15 of Title 34 of the Revised Statutes.

      C.34:15-95.8   1.   Worker’s a. compensation Beginning on January 1, 2020, and in each fiscal year thereafter, a dependent of an essential employee, who is receiving weekly benefits pursuant to R.S.34:15-13 for acertain deathsurviving thatdependents occurredof afteremployees Marchdeemed 1,essential dueduring to the contraction of coronavirus disease 2019pandemic. in the course of employment, and who is not entitled to receive special adjustment benefits pursuant to section 1 of P.L.1980, c.83 (C.34:15-95.4), shall be entitled to receive weekly supplemental benefits from the Second Injury Fund during the period in which the dependent is eligible to receive the initially-awarded weekly benefits, whenever the amount of the initially-awarded weekly benefits is less than the total amount of weekly benefits that would be payable to the dependent if that total amount included weekly supplemental benefits calculated in the manner indicated in subsection b.

of     this1.    section. a. In making the determination of the aggregate annual surcharge for the Second Injury Fund to be levied pursuant to paragraph (4) of subsection c.

 Beginning on January 1, 2020, and in each fiscal year thereafter, a dependent of an essential employee, who is receiving weekly benefits pursuant to R.S.34:15-13 for a death that occurred after March 1, 2020 due to the contraction of coronavirus disease 2019 in the course of employment, and who is not entitled to receive special adjustment benefits pursuant to section 1 of P.L.1980, c.83 (C.34:15-95.4), shall be entitled to receive weekly supplemental benefits from the Second Injury Fund during the period in which the dependent is eligible to receive the initially-awarded weekly benefits, whenever the amount of the initially-awarded weekly benefits is less than the total amount of weekly benefits that would be payable to the dependent if that total amount included weekly supplemental benefits calculated in the manner indicated in subsection b.

of this section.

 In making the determination of the aggregate annual surcharge for the Second Injury Fund to be levied pursuant to paragraph (4) of subsection c.

     d.    An insurance carrier or self-insured employer responsible for the payment of workers’ compensation death benefits to a dependent shall notify the Division of Workers’ Compensation of the need to have the Second Injury Fund make supplemental benefit payments to the dependent pursuant to this section not later than the 60th day after the date on which it is determined that the payment of supplemental benefits is required pursuant to this section. section. If the insurance carrier or self-insured employer fails to notify the division and that failure results in the payment of an incorrect amount of benefits, the liability for the payment of the supplemental benefits shall be transferred from the Second Injury Fund to the employer until the time at which the insurance carrier or self-insured employer provides the required notice.

 If the insurance carrier or self-insured employer fails to notify the division and that failure results in the payment of an incorrect amount of benefits, the liability for the payment of the supplemental benefits shall be transferred from the Second Injury Fund to the employer until the time at which the insurance carrier or self-insured employer provides the required notice.

       2.    This act shall take effect immediately.

    STATEMENT        ThisApproved billApril provides19, supplemental2021. benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019.

 The bill provides a cost of living adjustment (COLA) to the spouse or dependent’s workers’ compensation death benefit if that employee dies from the coronavirus.

This adjustment is intended to mirror, to the extent possible, the COLA already in place for benefits for dependents of public safety workers killed in the line of duty.

     The bill provides for the COLA to be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum will bear the same percentage relationship to the maximum benefit rate at the time of the adjustment that the initial rate bore to the maximum rate at the time of the initial award, except that:

     (1)   the bill reduces the amount of the adjustment as much as necessary to ensure that the sum of the adjustment and the amount initially awarded does not exceed the amount which would cause any reduction of Social Security disability benefits;

     (2)   in cases which are not subject to the provisions of point one above, the bill reduces the supplemental workers’ compensation benefits (but not regular workers’ compensation) for claimants injured after by the amount of any Social Security benefits (other than Social Security disability benefits and any cost of living increases in Social Security benefits), Black Lung benefits, or the employer’s share of disability pension payments received from or on account of an employer;

and      (3)   the bill requires that the COLA benefits will not be paid to any individual who elects to not receive benefits under the Federal Old Age, Survivors and Disability Insurance Act for which the individual is eligible.

     These reductions parallel the reductions provided under current law for claimants who were injured before 1980.  The bill also provides that no supplemental benefits will be paid in any case in which they are calculated to be less than $5 per week.

     Under the bill, “essential employee” is defined as an employee in the public or private sector who, during a state of emergency:

     (1)   is a public safety worker or first responder, including any fire, police or other emergency responders;

     (2)   is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;

     (3)   performs functions which involve physical proximity to members of the public and are essential to the public's health, safety, and welfare, including transportation services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home;

or      (4)   is any other employee deemed an essential employee by the public authority declaring the state of emergency.

                                            Concerns certain workers' compensation supplemental benefits for surviving dependents of essential employees who die in course of employment.