National Workers Compensation Standards Act of 1979

Summary

National Workers' Compensation Standards Act of 1979 - Establishes minimum standards for State workers' compensation laws. Includes among such standards a requirement that monetary benefits for permanent total disability or death, and for temporary total disability lasting more than two years, shall be adjusted at least annually to reflect increases in the statewide average weekly wage and that any State maximum limit on such adjustments shall not be less than six percent in any one year. Directs the Secretary of Health, Education, and Welfare to undertake studies of employment-related diseases and to develop and recommend proposals for standards for determining whether particular diseases arise out of and in the course of employment and cause death or disability and for diagnosing such diseases. Authorizes the Secretary of Labor (Secretary) to promulgate, modify, or revoke standards for such purposes, by specified rulemaking procedures. Requires that any such promulgated standard be effective as a minimum standard for State workers' compensation laws two years after its final promulgation and govern the determination of compensation due to deaths or disabilities occurring thereafter. Permits any person or State adversely affected by such a standard to challenge its validity in a Court of Appeals. Directs the Secretary to conduct studies to estimate the number of individuals who may not receive fair and adequate compensation because their disability occurred prior to the effective date of a proposed standard and to recommend appropriate compensation. Directs the Secretary to: (1) conduct a study of compensation of partial disabilities; (2) report to Congress with recommendations for minimum Federal standards for State workers' compensation laws relating to such partial disabilities; and (3) consult with the National Workers' Compensation Advisory Commission concerning such study and report. Directs the Secretary to review the workers' compensation law of each State to determine whether such law meets the minimum standards set forth in this Act, on or before their effective date, and to certify such law as fully or partially meeting such standards. Provides that the employers in any State in which the laws do not meet such minimum standards shall be required to pay to any employee the difference between the State payments and the payments the Federal standards would require. Provides for the enforcement of supplemental compensation through a claimant's appeal to the Benefits Review Board (established by the Longshoremen's and Harbor Workers' Compensation Act) from specified orders or awards of a State workers' compensation agency. Sets forth procedures for such Board review. Prohibits employment discrimination against any employee for filing complaints, instituting or testifying in proceedings, or exercising any rights under this Act. Sets forth civil penalties for violations of such prohibition. Sets forth exclusivity of remedy and third party liability provisions. Requires employers to be insured for specified supplemental compensation. Requires specified employers to elect coverage under State compensation law and sets forth civil penalties for noncompliance. Authorizes grants to States to assist them in achieving compliance with the minimum standards set forth in this Act, and for purposes relating to workers' compensation. Limits such Federal grants to 66 2/3 percent of the cost of such projects. Authorizes appropriations for three fiscal years. Directs the Secretary to conduct: (1) a program of collection, compilation, and analysis of workers' compensation data; and (2) research, pilot projects, and demonstration programs. Requires grant recipients to keep specified records for audit by the Secretary or the Comptroller General. Directs the Secretary to submit a progress report annually to the President, for transmittal to the Congress. Establishes a National Workers' Compensation Advisory Commission: (1) to monitor the progress of the States in meeting the standards established by this Act; (2) to monitor the administration of State workers' compensation programs; and (3) to assist the Secretary in carrying out this Act.

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1 official file

• Introduced in House

  summary · EN · 28 September 1979

  Open at official source

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