H1387B1657A01438 SFR:NLG 06/03/21 #90 A01438
AMENDMENTS TO HOUSE BILL NO. 1387
Sponsor: REPRESENTATIVE E. NELSON
Printer's No. 1657
Amend Bill, page 2, lines 16 through 30; page 3, lines 1
through 4; by striking out all of said lines on said pages and
inserting
(7) Testimony of the claimant, if found credible by the
judge[.], which is provided in addition to one or more of the
items listed in paragraphs (1), (2), (3), (4), (5) and (6).
(8) Testimony of the claimant, if found credible by the
judge, which is provided in addition to an affidavit from the
claimant swearing to all of the following:
(i) The claimant worked for the uninsured employer
for fewer than 30 days.
( ii) The claimant's occupation, amount of wages and
hours worked for the uninsured employer.
(iii) The reasons that the claimant cannot provide
any additional evidence of the amount of the claimant's
wages.
(iv) Information about the uninsured employer,
including the name of the employer and the names of any
individuals known to the claimant who supervised or
managed the claimant's work, along with any other
identifying information for those individuals of which
the claimant is aware.
(c) Limitation on wage loss payments.--If a judge accepts
testimony and finds it to be credible under subsection [(b)(7)]
(b)(8) as the sole basis for determining wage loss payments,
without supporting evidence established in subsection (b)(1),
(2), (3), (4), (5) or (6), the wage loss payment rate shall be
66.6% of the average weekly wage for the claimant's occupation.
The judge may reduce the average weekly wage loss payment upon
the submission of evidence indicating a lesser wage amount or
based on the claimant's length of employment with the employer.
For the purposes of this subsection, the term "average weekly
wage" is the average weekly wage for the claimant's occupation
by metropolitan statistical area, as determined by the United
States Department of Labor for the calendar year prior to the
year in which the claimant's injury occurred, and shall be based
on the metropolitan statistical area in which the claimant's
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injury occurred.
Amend Bill, page 3, by inserting between lines 22 and 23
(3) The department shall investigate the information
provided in an affidavit provided under subsection (b)(8).
The following shall apply:
(i) If the department finds evidence of material
misstatements by the claimant, the department shall
submit the evidence to the workers' compensation judge
and make a report to the appropriate district attorney.
(ii) In addition to any reports required under
paragraphs (1) and (2), if the department has reasonable
cause to suspect that the uninsured employer has violated
any other Federal or State law, the department shall make
a report with the applicable Federal or State agency.
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