§ 28-41-6 - Effect on waiting period credit and benefits of receipt of workers' compensation payments.
SECTION 28-41-6
§ 28-41-6 Effect on waiting period creditand benefits of receipt of workers' compensation payments. – (a) No individual shall be entitled to receive waiting period credit benefitsor dependents' allowances with respect to which benefits are paid or payable tothat individual under any workers' compensation law of this state, any otherstate, or the federal government, on account of any disability caused byaccident or illness. In the event that workers' compensation benefits aresubsequently awarded to an individual, whether on a weekly basis or as a lumpsum, for a week or weeks with respect to which that individual has receivedwaiting period credit, benefits, or dependents' allowances, under chapters 39– 41 of this title, the director, for the temporary disability insurancefund, shall be subrogated to that individual's rights in that award to theextent of the amount of benefits and/or dependents' allowances paid to him orher under those chapters.
(b) Whenever an employer or his or her insurance carrier hasbeen notified that an individual has filed a claim for unemployment due tosickness for any week or weeks under chapters 39 – 41 of this title forwhich week or weeks that individual is or may be eligible for benefits underchapters 29 – 38 of this title, that notice shall constitute a lien uponany pending award, order, or settlement to that individual under chapters 29– 38 of this title.
(2) The employer or his insurance carrier shall be requiredto reimburse the director, for the temporary disability insurance fund, theamount of benefits and/or dependents' allowances received by the individualunder chapters 39 – 41 of this title, for any week or weeks for which thataward, order, or settlement is made.
(c) Whenever an individual becomes entitled to or is awardedworkers' compensation benefits for the same week or weeks with respect to whichhe has received benefits and/or dependents' allowances under chapters 39 –41 of this title, and notice of that receipt has been given to the division ofworkers' compensation of the department of labor and training and/or theworkers' compensation court, the division or court is required to and shallincorporate in the award, order, or approval of settlement, an order requiringthe employer or his or her insurance carrier to reimburse the director, for thetemporary disability insurance fund, the amount of any disability benefitsand/or dependents' allowances which may have been paid to the employee forunemployment due to sickness for those weeks under chapters 39 – 41 ofthis title.
(d) If, through inadvertence, error, or mistake, anindividual has received benefit payments and/or dependents' allowances for anyweek or weeks under chapters 39 – 41 of this title, and has also receivedpayments for the same week or weeks under any workers' compensation law of thisstate, any other state, or of the federal government, he or she shall, in thediscretion of the director of the department of labor and training, be liableto have that sum deducted from any benefits payable to him or her underchapters 39 – 41 of this title, or shall be liable to repay to thedirector, for the temporary disability insurance fund, a sum equal to thatamount received, and that sum shall be collectible in the manner provided in§ 28-40-12 for the collection of past due contributions.
(e) Notwithstanding any other provision of this section, noindividual who, prior to September 1, 1969, has sustained an injury by reasonof which he or she may be eligible for benefits under chapters 29-38 of thistitle shall be deprived of any rights which he or she may have under chapters39 – 41 of this title.