NATIONAL COUNCIL ON COMPENSATION INSURANCE ... (17) A worker performs more than de minimis services

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Transcript of NATIONAL COUNCIL ON COMPENSATION INSURANCE ... (17) A worker performs more than de minimis services

  • NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC.—2019 ENACTED LEGISLATION YEAR TO DATE (AS OF 12/31/19)

    © 2019 National Council on Compensation Insurance (NCCI), Inc. All Rights Reserved. 1 Current as of 12/31/19

    BILLS NEWLY ADDED SINCE THE LAST UPDATE ARE LISTED FIRST AND HIGHLIGHTED IN “YELLOW.”

    PREVIOUSLY ENACTED BILLS

    JURISDICTION BILL SUMMARY EFFECTIVE Alabama HB 187 HB 187, in part, amends sections 25-5-60, 25-5-66, 25-5-68, and 25-5-69 of the Code of Alabama as follows:

    Section 25-5-60 Compensation for death. In death cases, where the death results proximately from the accident within three years, compensation payable to dependents shall be computed on the following basis and shall be paid to the persons entitled thereto without administration, or to a guardian or other person as the court may direct, for the use and benefit of the person entitled thereto. (1) Persons Entitled to Benefits; Amount of Benefits. … h. If a dependent is the surviving spouse of a law enforcement officer or firefighter killed who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties, the compensation does not cease upon remarriage. … Section 25-5-66 Disposition of compensation upon remarriage of widow of employee who has another dependent. … (b) Subsection (a) does not apply to the surviving spouse of a law enforcement officer or firefighter who was killed dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties. Section 25-5-68 Maximum and minimum weekly compensation. … (f) Notwithstanding any other provision of this article, the compensation benefits payable to a surviving dependent child of a law enforcement officer or firefighter who was killed dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties shall not discontinue at least until the dependent child reaches the age of 18 years. Section 25-5-69 Compensation to cease upon death or marriage of dependent; proportional benefits for dependents. Except when the dependent is the surviving spouse of a law enforcement officer or firefighter who was killed as a result of injuries received while engaged in the performance of his or her duties, if (a) If compensation is being paid under this article to any dependent, such compensation shall cease upon the death or marriage of such dependent. Where compensation is being paid under this chapter to any dependent, in no event shall such dependent receive more than the proportion which the amount received of the deceased employee’s income during his or her life bears to the compensation provided under this article.

    9/1/19

  • NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC.—2019 ENACTED LEGISLATION YEAR TO DATE (AS OF 12/31/19)

    © 2019 National Council on Compensation Insurance (NCCI), Inc. All Rights Reserved. 2 Current as of 12/31/19

    BILLS NEWLY ADDED SINCE THE LAST UPDATE ARE LISTED FIRST AND HIGHLIGHTED IN “YELLOW.”

    JURISDICTION BILL SUMMARY EFFECTIVE (b) Subsection (a) does not apply if the dependent is the surviving spouse of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received in the performance of his or her duties.

    Arizona HB 2137 HB 2137 amends section 23-966 of the Arizona Revised Statutes to read: 23-966. Failure of employer to pay claim or comply with commission order; reimbursement of funds … C. The special fund is the successor in interest to all excess insurance policies in effect at the time of an assignment under subsection a of this section that insure any part of the self-insured employer’s financial obligations under the workers’ compensation laws. The special fund’s recovery rights under this subsection are subject to applicable coverage terms and policy limits in the excess policy. The excess insurer shall make payment directly to the special fund for all covered amounts spent under this section, including administrative costs, necessary expenses and attorney fees to the extent covered by the excess policy. Unless recovered from an excess insurer, the special fund shall have a claim against the employer for all monies that are spent or anticipated to be spent under this section, including administrative costs, necessary expenses and attorney fees. Any claim by the special fund shall be made on the cash, securities or bond filed under section 23-961 or applicable rules or on any other asset of the employer.

    7/27/19

    Arkansas HB 1850 HB 1850, in part, adds a new subchapter and amends sections 11-9-102 and 11-9-103 of the Arkansas Workers’ Compensation Law as follows: Chapter 1. General Provisions … Subchapter 1—Empower Independent Contractors Act of 2019 11-1-101. Title. This subchapter shall be known and may be cited as the “Empower Independent Contractors Act of 2019”. 11-1-102. Purpose. The purpose of this subchapter is to help employers create jobs, help individuals return to work and no longer need public assistance, and grow the economy. 11-1-103. Definition. As used in this title, “employment status” means the status of an individual as an employee or independent contractor for employment purposes, including without limitation wages, taxation, and workers’ compensation issues. 11-1-104. Determination of employment status. For purposes of this title, an employer or agency charged with determining the employment status of an individual shall use the twenty-factor test enumerated by the Internal Revenue Service in Rev. Rul. 87-41, 1987-1 C.B. 296, in making its determination and shall consider whether: (1) A person for whom a service is performed has the right to require compliance with instructions, including without limitation when, where, and how a worker is to work; (2) A worker is required to receive training, including without limitation through:

    7/23/19

  • NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC.—2019 ENACTED LEGISLATION YEAR TO DATE (AS OF 12/31/19)

    © 2019 National Council on Compensation Insurance (NCCI), Inc. All Rights Reserved. 3 Current as of 12/31/19

    BILLS NEWLY ADDED SINCE THE LAST UPDATE ARE LISTED FIRST AND HIGHLIGHTED IN “YELLOW.”

    JURISDICTION BILL SUMMARY EFFECTIVE (A) Working with an experienced employee; (B) Corresponding with the person for whom a service is performed; (C) Attending meetings; or (D) Other training methods; (3) A worker’s services are integrated into the business operation of the person for whom a service is performed and are provided in a way that shows the worker’s services are subject to the direction and control of the person for whom a service is performed; (4) A worker’s services are required to be performed personally, indicating an interest in the methods used and the results; (5) A person for whom a service is performed hires, supervises, or pays assistants; (6) A continuing relationship exists between a worker performing services and a person for whom a service is performed; (7) A worker performing a service has hours set by the person for whom a service is performed; (8) A worker is required to devote substantially full time to the business of the person for whom a service is performed, indicating the person for whom a service is performed has control over the amount of time the worker spends working and by implication restricts the worker from obtaining other gainful work; (9)(A) The work is performed on the premises of the person for whom a service is performed, or the person for whom a service is performed has control over where the work takes place. (B) A person for whom a service is performed has control over where the work takes place if the person has the right to: (i) Compel the worker to travel a designated route; (ii) Compel the worker to canvass a territory within a certain time; or (iii) Require that the work be done at a specific place, especially if the work could be performed elsewhere; (10) A worker is required to perform services in the order or sequence set by the person for whom a service is performed or the person for whom a service is performed retains the right to set the order or sequence; (11) A worker is required to submit regular oral or written reports to the person for whom a service is performed; (12) A worker is paid by the hour, week, or month except when he or she is paid by the hour, week, or month only as a convenient way of paying a lump sum agreed upon as the cost of a job; (13) A person for whom a service is performed pays the worker’s business or traveling expenses; (14) A person for whom a service is performed provides significant tools and materials to the worker performing services; (15) A worker invests in the facilities used in performing the services; (16) A worker realizes a profit or suffers a loss as a result of the services performed that is in addition to the profit or loss ordinarily realized by an employee; (17) A worker performs more than de minimis services for more than one (1) person or firm at t