A bill to provide minimum standards under which State workers' compensation laws will provide prompt, adequate, exclusive, and equitable compensation for occupational diseases or death resulting from exposure to asbestos, and for other purposes.
Asbestos Health Hazards Compensation Act of 1981 - States that the provisions of this Act shall apply only to disability or death of an affected person resulting from occupational exposure to asbestos or from the occupational exposure to asbestos of a member of such person's household.
Establishes minimum workers' compensation standards for State and Federal asbestos-related death or disability benefits, including: (1) compensation for partial or total disability or death at not less than 66 2/3 percent of the claimant's average gross weekly wage; (2) benefits indexed on the basis of wage scale changes in the claimant's job; (3) payments for the duration of the disability, or the life of the claimant, without limitation on the dollar amount or the period of payment; (4) payment of medical and rehabilitation benefits by the responsible parties without limitation on the dollar amount or the period of payment; (5) the provision that such benefits shall not be offset by any other benefits paid to the claimant nor be considered as income for tax purposes; (6) payment to the widow or widower of a claimant for life or until remarriage; and (7) a three-year period of eligibility for filing a claim under this Act.
Directs the Secretary of Labor to: (1) prescribe standards for determining whether a death or disability was asbestos-related; and (2) review State and Federal workers' compensation laws to determine whether they meet the requirements set forth in this Act.
Permits a claimant who receives compensation from a State or Federal workers' compensation agency that is less than the compensation prescribed under this Act to file a petition for review with the Benefits Review Board (established under the Longshoremen's and Harbor Workers' Compensation Act). Authorizes the Board to order an employer to pay the appropriate level of compensation. Sets forth appeals provisions.
Permits an employer who pays a workers' compensation award to bring other responsible parties into the proceeding to determine the amount they should contribute to the compensation. Establishes an Apportionment Criteria Commission to develop the criteria to be used by State and Federal workers' compensation agencies in such apportionment determinations.
Provides that the compensation procedure established under this Act shall be the sole and exclusive remedy for asbestos-related compensation claims.
Requires the Secretary to report annually to Congress regarding the provisions of this Act.
Authorizes appropriations.
Introduced in Senate
Read second time and referred to Senate Committee on Labor and Human Resources.
Committee on Labor and Human Resources requested executive comment from Labor Department; Health and Human Services Department; Commerce Department; GAO; OMB.
Referred to Subcommittee on Labor.
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