[§392-2]  Findings and purpose.  A largeportion of the labor force of this State annually is disabled from pursuinggainful employment by reason of nonoccupational sickness or accident and as aresult suffers serious loss of income.  In approximately ten per cent of thecases such sickness or accident can be expected to cause disability of morethan one week's duration.  More than two-fifths of the employees in privateemployment have either no fixed legal protection against wage loss fromdisabling nonoccupational sickness or accident, or only protection for a periodof one workweek or less; more than one-third of the workers covered by formalsick leave plans are not protected against disability extending beyond twoworkweeks.  Since the hardship for workers and their families mounts with theextension of the duration of the disability from whatever cause, there is aneed to fill the existing gaps in protection and to provide benefits toindividuals in current employment that will afford to them reasonablecompensation for wage loss caused by disabling nonoccupational sickness oraccident where the disability is temporary in nature and exceeds the period ofone workweek.  This legislation is designed not to impede the growth ofvoluntary plans which afford additional protection.

This chapter shall be liberally construed inthe light of the stated reasons for its enactment and its declared purpose. [L1969, c 148, pt of §1]

 

Attorney General Opinions

 

  Where department has a TDI plan for its full-time teachersand a TDI plan for A+ employees, and an individual is employed by department asboth a full-time teacher and an A+ employee and becomes disabled for both jobs,allowing department to pay only under one TDI plan would produce a harsh resultthat is contrary to the legislative intent to provide benefits commensuratewith wage loss from all employments and this section's command to construe thestatute "liberally ... in the light of the stated reasons for itsenactment".  Att. Gen. Op. 97-9.

 

Case Notes

 

  Cited:  73 H. 403, 833 P.2d 890.