A bill to provide, in cooperation with States, benefits to individuals who are totally disabled due to employment-related respiratory diseases and to the surviving dependents of individuals whose death was due to such disease or who were totally disabled by such disease at the time of their deaths.
Respiratory Disease Benefits Act - Title I: General Provisions - States that it is the purpose of this Act to provide assistance, in cooperation with the States, to workers who are totally disabled due to a respiratory disease (other than pneumoconiosis contracted as a result of employment in one or more coal mines) arising out of their employment in a health-hazard industry (other than a coal mine) and to the surviving dependents of workers whose death was due to such disease or who were totally disabled by such disease at the time of their deaths.
Sets forth definitions to be used in this Act.
Title II: Claims for Benefits Filed on or Before December 31, 1976 - Provides that the Secretary of Health, Education and Welfare shall, in accordance with the provisions of this title and the regulations promulgated by him under this title, make payments of benefits in respect of total disability of any worker due to a respiratory disease arising out of his employment in a health-hazard industry, and in respect of the death of any worker whose death was due to such disease or who at the time of his death was totally disabled by such disease.
Provides for the dispersal of benefit payments by the Secretary. Provides for payment of such benefits to the worker in case of total disability and, in the case of death, to the widow, surviving child or children and the dependent parent or parents under a specified schedule. States that benefit payments under this Act to a worker or his widow, child, parent, brother, or sister shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such worker or his widow, child, parent, brother, or sister under the workmen's compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such worker, and the amount by which such payment would be reduced on account of excess earnings of such worker under the Social Security Act.
Title III: Claims for Benefits After December 31, 1976 - Provides that on and after January 1, 1976, any claim for benefits for death or total disability due to a respiratory disease arising out of a worker's employment in a health-hazard industry shall be filed pursuant to the applicable State workmen's compensation law, except that during any period when such workers or their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen's compensation law which provides adequate coverage for such disease, they shall be entitled to claim benefits under this title.
Directs the Secretary of Labor to provide a list of adequate state workmen's compensation laws.
States that the Secretary of Labor shall by regulation establish standards, which may include appropriate presumptions, for determing whether any particular respiratory disease arose out of employment by any particular employer. Permits the Secretary by regulation to establish standards for apportioning liability for benefits under this title among more than one employer, where such apportionment is appropriate.
Provides the authorization for appropriations and directs annual reports to be made by the Secretary of Health, Education and Welfare as well as the Secretary of Labor to Congress.
Referred to House Committee on Education and Labor.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
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