Occupational Disease Compensation Act of 1983

Occupational Disease Compensation Act of 1983 - Establishes a compulsory compensation program for employees and their survivors for death or disability resulting from work-related exposure to toxic substances. Includes compensation for disabilities which are partial or temporary.

Sets forth formulas for monetary benefits for partial and total disability (generally 80 percent of the national manufacturing or construction average weekly wage for the month of the onset of disability). Requires such benefits to be paid from the date of onset of the disability and continuing for the duration of the disability. Sets forth formulas for death benefits. Provides that there shall be no maximum limitation on the total amount or duration of medical benefits or monetary disability or death benefits.

Declares ineffective any compromise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant.

Declares absolutely ineffective any waiver or release concerning future coverage or compensation under State workers' compensation law or under this Act which was executed before death or onset of disability from work-related exposure to toxic substances.

Details eligibility criteria for compensation. Includes among them a determination that work-related exposure to a toxic substance significantly contributed to or aggravated the disability or death.

Identifies pathological conditions irrebutably presumed to have resulted form work-related exposure to asbestos.

Establishes procedures for filing, adjudicating, and appealing claims.

Makes compensation under this Act the claimant's exclusive remedy for disability or death resulting from workplace exposure to asbestos or other toxic substance.

Limits the maximum period for retroactive payments to five years from the date the claim was filed.

Requires a court to stay any pending liability action for death or disability against a third party if a compensation claim has been filed under this Act. Requires the court to dismiss such an action with prejudice upon notification by the Secretary that a final agency determination has been made on the claim.

Authorizes the Toxic Substance Employee Compensation Insurance Pool (established by this Act) to offer claimants interim monetary and medical benefits during the pendency of a compensation claim. States such interim benefits are not recoverable if the claim is ultimately denied. Requires employers to contribute to the Pool in order to enjoy the limitations on liability provided by this Act. Requires the Secretary to apportion the obligation to provide insurance coverage among employers and toxic substance market participants.

Delineates the legal theories upon which liability actions against third parties may be based.

Vests in the Pool responsibility for the payment of all compensation claims.

Prescribes procedures by which employers and toxic substance market participants may become covered contributors to the Pool. Proposes alternative measures by which toxic substance market participants may meet their contribution obligations. Authorizes the Secretary to suspend Pool membership upon failure to comply with specified provisions.

Authorizes the Secretary to bring a civil action and to assess civil penalties if a Pool contributor fails to maintain insurance sufficient to meet its financial obligations.

Establishes the Toxic Substance Employee Compensation Insurance Pool to underwrite liabilities under this Act and to pay compensation and benefits provided by this Act. Makes participation in the Pool available to casualty insurance carriers, workers' compensation carriers, and employers and toxic substance market participants who choose to self-insure.

Requires the Secretary of Labor to promulgate standards for participation in the Pool by insurance carriers and by employers or toxic substance market participants as self-insurers.

Requires the Pool to pay the Secretary an annual fee to cover administrative costs.

Establishes guidelines for the payment of compensation claims. Includes a procedure for appealing orders to suspend payments.

Provides for 20 percent additional compensation in cases of late payments.

Sets forth provisions for representation and witness fees in compensation payment disputes, to be paid by the employer or the employer's insurance carrier to the claimant's representative. Sets criminal penalties for: (1) receiving any unapproved consideration or gratuity for representative services; or (2) soliciting employment as a representative in such disputes.

Prohibits employment discrimination based upon the filing of a claim or the instituting of a proceeding under this Act. Establishes civil penalties for such discrimination. Provides a grievance procedure for the investigation and determination of discrimination complaints. Voids any insurance policy provision which relieves the employer from sole personal liability and payment.

Directs the Secretary of Health and Human Services, in coordination with the Secretary of Labor, to conduct research into improved means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of such workers.

Directs the Secretary of Labor to promulgate regulations which provide compensation for: (1) occupational exposure in addition to asbestos; and (2) specific categories of workers whose occupational exposure to toxic substances results in death or disability.

Directs the National Institute for Occupational Safety and Health to report to the Secretary of Health and Human Services the results of its review of current scientific studies concerning the incidence of work-related diseases. Authorizes the Secretary, after evaluating such reports, to recommend to the Secretary of Labor regulations covering benefits for additional work-related diseases. States that any regulations promulgated by the Secretary of Labor in response to such recommendations shall be effective unless within 90 days after Congress is notified both Houses adopt a resolution of disapproval.

Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within such office to administer claims filed under this Act. Establishes procedural guidelines for: (1) such Director; and (2) the Benefits Review Board.

Authorizes the Secretary to enter into specified contracts in order to administer the Pool. Exempts such contracts from competitive bidding requirements.

Authorizes the Secretary to enjoin violations of this Act in district court.