Connecticut § 7-313i - Firefighters cancer relief subcommittee established. Determination and remittance of wage replacement benefits.

§ 7-313i. Firefighters cancer relief subcommittee established. Determination and remittance of wage replacement benefits.

Sec. 7-313i. Firefighters cancer relief subcommittee established. Determination and remittance of wage replacement benefits. (a) There is established a firefighters cancer relief subcommittee of the Connecticut State Firefighters Association that shall consist of one member from the Connecticut State Firefighters Association, one member from the Connecticut Fire Chiefs Association, one member from the Uniformed Professional Firefighters of the International Association of Firefighters, one member from the Connecticut Fire Marshals Association, and one member from the Connecticut Conference of Municipalities. Such subcommittee shall review claims for wage replacement benefits submitted to the firefighters cancer relief program established pursuant to section 7-313j and provide wage replacement benefits, in accordance with the provisions of subsection (b) of section 3-123, to any firefighter who the subcommittee determines is eligible for such wage replacement benefits pursuant to the provisions of section 7-313j. The subcommittee may determine the weekly wage replacement benefits provided to a firefighter in accordance with the provisions of this chapter and chapter 568.

(b) A firefighter who is approved for wage replacement benefits by the subcommittee pursuant to subsection (a) of this section shall be eligible for such benefits on and after July 1, 2019, and for a period determined by the subcommittee, provided such period shall not exceed twenty-four months. The maximum weekly wage replacement benefit under this section shall be determined by the subcommittee, provided such maximum weekly wage replacement benefit shall not exceed one hundred per cent, raised to the next even dollar, of the average weekly earnings of all workers in the state for the year in which the condition of cancer was diagnosed. The average weekly earnings of all workers in the state shall be determined by the Labor Commissioner on or before the fifteenth day of August of each year, to be effective the following October first, and shall be the average of all workers' weekly earnings for the year ending the previous June thirtieth and shall be so determined in accordance with the standards for the determination of average weekly earnings of all workers established by the United States Department of Labor, Bureau of Labor Statistics.

(c) A firefighter may receive wage replacement benefits under this section concurrently with any employer-provided employment benefits, provided the total compensation of such firefighter during such period of receiving benefits under this section shall not exceed such firefighter's pay rate at the time such firefighter was diagnosed with a condition of cancer described in section 7-313j.

(d) No firefighter shall receive compensation under this section concurrently with the provisions of chapter 567 or 568 or any other municipal, state or federal program that provides wage replacement benefits.

(e) No approval of wage replacement benefits for a firefighter by the subcommittee pursuant to subsection (a) of this section shall be used as evidence, proof or an acknowledgment of liability or causation in any proceeding under chapter 568.

(f) No approval of wage replacement benefits for a firefighter by the subcommittee pursuant to subsection (a) of this section shall create a presumption that the firefighter's cancer was work related for purposes of chapter 568. Nothing in this section shall be construed to diminish or affect in any manner a firefighter's rights and benefits or any rights and defenses that an employer may have under chapter 568.

(g) Notwithstanding any other provision of the general statutes, any employer who provides accident and health insurance or life insurance coverage for a firefighter or makes payments or contributions at the regular hourly or weekly rate for the firefighter to an employee welfare plan, shall provide to the firefighter equivalent insurance coverage or welfare plan payments or contributions while the firefighter is eligible to receive or is receiving wage replacement compensation under this section. As used in this section, “employee welfare plan” means any plan established or maintained for such firefighter or such firefighter's family or dependents, or for both, for medical, surgical or hospital care benefits.

(h) The State Treasurer shall remit wage replacement benefits that are approved by the subcommittee from the firefighters cancer relief account established pursuant to section 7-313h not later than thirty days after such benefits have been approved.

(P.A. 16-10, S. 4; P.A. 22-139, S. 3.)

History: P.A. 16-10 effective February 1, 2017 (Revisor's note: An internal reference in P.A. 16-10, S. 4(c), to “section 4 of this act” was determined by the Revisors to properly refer to section 5 of said act and was therefore codified in Subsec. (c) as “section 7-313j”); P.A. 22-139 added new Subsec. (f) re approval of wage replacement benefits does not create a presumption that a firefighter's cancer was work related and redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h), effective May 27, 2022.