reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-41.1. - Review of rehabilitative program upon request or petition by employer.

§ 28-33-41.1. Review of rehabilitative program upon request or petition by employer.
An employer may petition the workers’ compensation court for a review, to be performed at the Chief Judge Robert F. Arrigan Rehabilitation Center, of any injured employee’s progress toward rehabilitation. After that review, the Chief Judge Robert F. Arrigan Rehabilitation Center shall report to the court on the effectiveness of the present rehabilitative program that the employee is undertaking and the injured employee’s ability to return to employment.
History of Section.
P.L. 1984, ch. 142, art. 5, § 6; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1986, ch. 507, § 7; P.L. 1990, ch. 332, art. 1, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-42. - [Repealed.]

§ 28-33-42. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 2, § 21; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-42; Repealed by P.L. 1969, ch. 132, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-43. - Employer liability for property damage.

§ 28-33-43. Employer liability for property damage.
When an employee sustains property damage to eyeglasses, dentures, or artificial prosthesis arising out of and in the course of his or her employment, regardless of whether or not he or she suffered personal injury or loss of time, he or she may file a petition with the workers’ compensation court, and he or she shall be paid the reasonable value of the property or the reasonable expense of repairing the property by an employer subject to or who has elected to become subject to the provisions of chapters 29 — 38 of this title. The petition shall be prosecuted in the same manner as other petitions for compensation before the court. In hearings before the court, counsel and witness fees shall be awarded for the successful prosecution of a petition under this section.
History of Section.
P.L. 1968, ch. 167, § 1; P.L. 1982, ch. 32, art. 1, § 6; P.L. 1986, ch. 507, § 7; P.L. 1990, ch. 332, art. 1, § 3; P.L. 2014, ch. 78, § 5; P.L. 2014, ch. 87, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-44. - Continuation of health insurance benefits.

§ 28-33-44. Continuation of health insurance benefits.
(a)
No employer shall cancel but shall be obligated to continue to provide any employee’s health insurance benefits for a period of two (2) years from the date of the employee’s receiving weekly compensation benefits pursuant to a preliminary determination or a decision of the workers’ compensation court, or the filing at the department of a memorandum of agreement or notice of direct payment for injuries occurring on or before February 28, 1986. The provisions of this section shall not apply if:
(1)
The employee is no longer receiving compensation pursuant to a preliminary determination or a decision of the workers’ compensation court;
(2)
The employee has accepted suitable alternative employment;
(3)
The employee fails to pay any contribution toward the healthcare benefits that he or she was required to pay prior to the injury;
(4)
A petition for a commutation or a structured settlement, as defined in § 28-33-25, is granted;
(5)
The employee is a beneficiary of an equivalent health insurance policy of his or her spouse; or
(6)
The employee is employed in the construction industry and is a participant in a multi-employer welfare plan as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002 et seq., and which the Internal Revenue Service has determined under the Internal Revenue Code, 26 U.S.C. § 101 et seq., is tax exempt as to contributions received and as to benefits received by its participants.
(b)
In the event any employer fails to comply with the provisions of this section, and not its workers’ compensation insurance carrier, then the employer shall be liable for hospital and medical costs that would have been paid by the hospital or medical insurance plan afforded the employee had he or she been covered by the plan.
(c)
The provisions of this section shall only apply to claims for injuries sustained on or after July 1, 1984.
History of Section.
P.L. 1984, ch. 142, art. 5, § 6; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1985, ch. 425, § 1; P.L. 1986, ch. 507, § 7; P.L. 1987, ch. 242, § 1; P.L. 1988, ch. 79, § 1; P.L. 1991, ch. 206, § 4; P.L. 1992, ch. 31, § 5; P.L. 2019, ch. 218, § 1; P.L. 2019, ch. 248, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-45. - Coordination of benefits — Retirement benefits.

§ 28-33-45. Coordination of benefits — Retirement benefits.
(a)
The department of labor and training shall immediately promulgate rules and regulations concerning the offset of workers’ compensation benefits and retirement benefits. It is the intention of the general assembly that at retirement a person receiving benefits under chapters 29 — 38 of this title shall receive compensation and retirement benefits in a sum equal to the greater of the compensation or retirement benefits for which that person was otherwise eligible, however, not including retirement benefits to the extent derived exclusively from employee contributions.
(b)
The offset provided for pursuant to this section shall not be applicable to those collecting retirement benefits while collecting compensation benefits for an injury sustained before the age of fifty-five (55) years and more than five (5) years prior to the date of retirement.
(c)
An employee shall not collect any indemnity benefits after his or her retirement for any injury sustained less than two (2) years prior to his or her retirement.
History of Section.
P.L. 1992, ch. 31, § 9.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-46. - Anniversary review.

§ 28-33-46. Anniversary review.
Any employee receiving weekly benefits fifty-two (52) weeks after a compensable injury shall undergo an anniversary review by the court at which, unless waived by the employer, the court shall make findings as to whether maximum medical improvement has been reached; as to the degree of functional impairment and/or disability of the employee; and as to whether the employee should be classified as partially disabled or totally disabled. Temporary total disability shall not last beyond the anniversary review. Unless waived by the employer, an anniversary review shall be conducted annually thereafter. The court shall perform this anniversary review of cases where injury occurs after May 18, 1992.
History of Section.
P.L. 1992, ch. 31, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-1. - Definitions.

§ 28-34-1. Definitions.
Whenever used in this chapter:
(1)
“Disability” means the state of being disabled from earning full wages at the work at which the employee was last employed.
(2)
“Disablement” means the event of becoming disabled as defined in subsection (1) of this section.
(3)
“Occupational disease” means a disease that is due to causes and conditions that are characteristic of and peculiar to a particular trade, occupation, process, or employment.
History of Section.
G.L. 1923, ch. 92, art. 8, § 1; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-3. - Benefits available to victims of disease.

§ 28-34-3. Benefits available to victims of disease.
If an employee is disabled or dies and his disability or death is caused by one of the diseases mentioned in the schedule contained in § 28-34-2, and the disease is due to the nature of the employment in which that employee was engaged and was contracted in, he or she or his or her dependents shall be entitled to compensation for his or her death or for his or her disablement, and he or she shall be entitled to be furnished with medical and hospital services, as provided in chapter 33 of this title, except as provided in this chapter.
History of Section.
G.L. 1923, ch. 92, art. 8, § 3; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-3; P.L. 1982, ch. 32, art. 1, § 8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-4. - Relationship of disease to employment — Time of bringing suit.

§ 28-34-4. Relationship of disease to employment — Time of bringing suit.
Neither the employee nor his or her dependents shall be entitled to compensation for disability or death resulting from an occupational disease, unless that occupational disease is due to the nature of his or her employment and was contracted in that employment. The time limit for bringing suit under this section shall be two (2) years from the date of disablement.
History of Section.
G.L. 1923, ch. 92, art. 8, § 4; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 4; P.L. 1950, ch. 2626, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-4; P.L. 1979, ch. 151, § 1; P.L. 1992, ch. 31, § 12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-5. - Examination and report by physician.

§ 28-34-5. Examination and report by physician.
The court may appoint one or more impartial physicians whose duty it shall be to examine any claimant under this chapter and to make a report in any form that the court may require.
History of Section.
G.L. 1923, ch. 92, art. 8, § 5; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-5; P.L. 1985, ch. 365, § 7; P.L. 1990, ch. 332, art. 1, § 4; P.L. 2001, ch. 256, § 5; P.L. 2001, ch. 355, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-6. - Date of disablement.

§ 28-34-6. Date of disablement.
For the purpose of this chapter the date of disablement for an occupational disease shall be the date of partial or total incapacity to work as a result of the disease.
History of Section.
G.L. 1923, ch. 92, art. 8, § 6; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 6; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-6; P.L. 1986, ch. 507, § 8; P.L. 1990, ch. 332, art. 1, § 4; P.L. 1992, ch. 31, § 12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-7. - Concealment of previous disease — Occupational disease as partial cause.

§ 28-34-7. Concealment of previous disease — Occupational disease as partial cause.
No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, willfully and falsely represents in writing that he or she has not previously had the disease that is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease, the compensation payable shall be the proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as that occupational disease, as a causative factor, bears to all the causes of that disability or death, the reduction in compensation to be effected by reducing the number of weekly payments or the amounts of the payments, as under the circumstances of the particular case may be for the best interests of the claimant or claimants.
History of Section.
G.L. 1923, ch. 92, art. 8, § 7; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-7; P.L. 1999, ch. 83, § 65; P.L. 1999, ch. 130, § 65.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-8. - Apportionment of liability among successive employers.

§ 28-34-8. Apportionment of liability among successive employers.
The total compensation due shall be recovered from the employer who or that last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If, however, the disease was contracted while the employee was in the employment of a prior employer, the employer who or that is made liable for the total compensation as provided by this section may petition the workers’ compensation court for an apportionment of the compensation among the several employers who or that since the contraction of the disease have employed the employee in the employment to the nature of which the disease was due. The apportionment shall be proportioned to the time the employee was employed in the service of the employers and shall be determined only after a hearing, notice of the time and place of which shall have been given to every employer alleged to be liable for any portion of the compensation. If the court finds that any portion of the compensation is payable by an employer prior to the employer who or that is made liable for the total compensation as provided by this section, it shall make an award accordingly in favor of the last employer, and that award may be enforced in the same manner as an award for compensation.
History of Section.
G.L. 1923, ch. 92, art. 8, § 8; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 8; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-8; P.L. 1986, ch. 507, § 8; P.L. 1990, ch. 332, art. 1, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-9. - Notice to employer of claim.

§ 28-34-9. Notice to employer of claim.
The employer to whom notice of death or disability is to be given, or against whom claim is to be made by the employee, shall be the employer who or that last employed the employee during the thirty-six (36) months in the employment to the nature of which the disease was due, and that notice and claim shall be deemed seasonable as against prior employers. The requirements as to notice as to occupational disease and death resulting from it and the requirements as to the bringing of proceedings for compensation for disability or death resulting from the occupational disease shall be the same as required in chapter 33 of this title, except that the notice shall be given to the employer within ninety (90) days after disablement.
History of Section.
G.L. 1923, ch. 92, art. 8, § 9; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 9; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-9; P.L. 1979, ch. 151, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-10. - Information as to previous employers.

§ 28-34-10. Information as to previous employers.
The employee, or his or her dependents, if so requested, shall furnish the last employer or the director or the workers’ compensation court with any information as to the names and addresses of all his or her other employers during the twenty-four (24) months that he or she or they possess. If that information is not furnished, or is not sufficient to enable the last employer to take proceedings against a prior employer under § 28-34-8, unless it is established that the occupational disease actually was contracted while the employee was in his or her employment, the last employer shall not be liable to pay compensation, or, if that information is not furnished or is not sufficient to enable the last employer to take proceedings against the other employers under § 28-34-8, the last employer shall be liable only for that part of the total compensation as under the particular circumstances the workers’ compensation court deems just; but a false statement in the information furnished shall not impair the employer’s rights unless the last employer is prejudiced by it.
History of Section.
G.L. 1923, ch. 92, art. 8, § 10; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 10; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-10; P.L. 1985, ch. 365, § 7; P.L. 1990, ch. 332, art. 1, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-11. - Rights as to diseases not covered by chapter.

§ 28-34-11. Rights as to diseases not covered by chapter.
Nothing in this chapter shall affect the rights of an employee, or his or her dependents, to recover compensation in respect to a disease to which this chapter does not apply, if the disease, apart from this chapter, is one for which compensation is payable under the other provisions of chapters 29 — 38 of this title.
History of Section.
G.L. 1923, ch. 92, art. 8, § 11; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 11; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-34 - Workers’ Compensation — Occupational Diseases › Section 28-34-12. - Diseases contracted before effective date of chapter.

§ 28-34-12. Diseases contracted before effective date of chapter.
This chapter does not apply to cases of occupational disease in which the last injurious exposure to the hazards of the disease occurred prior to the fifteenth day of September 1936.
History of Section.
G.L. 1923, ch. 92, art. 8, § 12; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-1. - Filing of memorandum of agreement.

§ 28-35-1. Filing of memorandum of agreement.
(a)
If the employer makes payments of compensation to an employee or those entitled to compensation on account of the death of an employee under chapters 29 — 38 of this title, a memorandum of that agreement signed by the employer or the employer’s insurer shall be filed with the department which shall immediately docket it in a book kept for that purpose.
(b)
The memorandum shall include:
(1)
The names of the employee, employer, and insurance carrier;
(2)
The date, place, nature, and location of the injury on the employee’s body;
(3)
The names of the employee’s other employers, if any, or a statement that there is no multiple employment, if that is the case;
(4)
The rate upon which the compensation is based;
(5)
Any other information required by the director; and
(6)
The average weekly straight time earnings earned by the employee for the thirteen (13) weeks prior to injury and the amount of overtime pay included in calculating the employee’s average weekly wage.
(c)
The employer shall send a copy of the memorandum and any amendments to it to the employee and his or her attorney or the representative of the decedent and its attorney either with the payment of compensation made under § 28-35-40 or by certified mail, return receipt requested, at the same time as it is filed with the department.
(d)
The employer shall file a memorandum pursuant to this section within ten (10) days of the initial payment by the employer or insurer.
(e)
Upon the filing of the memorandum of agreement with the department, the memorandum shall be as binding on the party filing the memorandum as a preliminary determination, order, or decree.
History of Section.
P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 507, § 9; P.L. 1988, ch. 452, § 1; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1998, ch. 105, § 3; P.L. 1998, ch. 404, § 3; P.L. 2000, ch. 491, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-2. - Scope of memorandum of agreement with dependents of deceased employee.

§ 28-35-2. Scope of memorandum of agreement with dependents of deceased employee.
When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment of compensation among them is, in dispute, the memorandum of agreement may relate only to the amount of compensation and to the persons to whom that compensation is payable.
History of Section.
P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; G.L. 1949, ch. 300, art. 3, § 2; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-2; P.L. 1982, ch. 32, art. 1, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-5. - Appeals from memorandum of agreement.

§ 28-35-5. Appeals from memorandum of agreement.
Any employer or insurer who or that has made payment to an injured employee or those entitled to compensation on account of the death of an employee which payment has been procured by fraud, coercion, or mutual mistake of fact; or any injured employee or those entitled to compensation on account of the death of an employee who has been aggrieved by a memorandum of agreement in that it: (1) Fails to correctly diagnose the injury; (2) Fails to set out correctly all the injuries received by the injured employee; (3) Fails to set out all parts of the body affected by injuries; (4) Fails to correctly set the rate of compensation; or (5) In any other way is affected by error; upon petition to the court setting forth all the additional facts, filed by the aggrieved party and served in the same manner as is provided for in chapters 29 — 38 of this title, the workers’ compensation court shall hear any and all those matters and make their decision in accordance with those chapters.
History of Section.
P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; P.L. 1954, ch. 3297, § 1; P.L. 1956, ch. 3803, § 1; G.L. 1956, § 28-35-5; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-6. - Notice of amendments to memorandum of agreement.

§ 28-35-6. Notice of amendments to memorandum of agreement.
(a)
If the workers’ compensation court makes any amendment or addition to the memorandum of agreement, the workers’ compensation court shall immediately notify the department of the changes in the agreement.
(b)
If an employer or insurer and an employee and his or her attorney, if represented, reach an agreement, subsequent to the filing of a memorandum of agreement, order, or decree, as to any issue, the parties shall file a written agreement and receipt with the department, signed by the parties, and on a form prescribed by the department. A copy of any agreement and receipt shall be delivered to each of the parties. Upon the filing of the agreement and receipt with the department, it shall be as binding upon both parties as a preliminary determination order or decree.
History of Section.
P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; G.L. 1949, ch. 300, art. 3, § 2; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-6; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-7. - Enforcement of memorandum of agreement.

§ 28-35-7. Enforcement of memorandum of agreement.
Any memorandum of agreement shall be enforceable by a suitable action or proceeding brought by either of the parties to it before the workers’ compensation court, including executions against goods, chattels, and real estate, and including proceedings for contempt for willful failure or neglect to obey the provisions of the memorandum of agreement, and in cases involving future payments of compensation aggregating not less than fifty dollars ($50.00) the attorney general shall at the written request of the director prosecute a suitable action or proceeding for the court in the name of the director to compel either party to the agreement to comply with its terms.
History of Section.
P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-7; P.L. 1982, ch. 32, art. 1, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-7.1. - Suspension agreement and receipt.

§ 28-35-7.1. Suspension agreement and receipt.
If an employer or insurer and an employee reach an agreement in regard to the discontinuance or suspension of workers’ compensation benefits, the parties shall file a written suspension agreement and receipt with the department, signed by the parties, and on a form prescribed by the department. A copy of any agreement and receipt shall be delivered to each of the parties. Upon the filing of the agreement and receipt with the department, it shall be as binding upon both parties as a preliminary determination, order, or decree.
History of Section.
P.L. 1988, ch. 452, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-8. - Filing of nonprejudicial memorandum of agreement.

§ 28-35-8. Filing of nonprejudicial memorandum of agreement.
(a)
Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that agreement as “nonprejudicial” or “without prejudice”, the employer may pay weekly compensation benefits not exceeding thirteen (13) weeks. In these cases, the employer shall send a copy of the nonprejudicial memorandum and any amendments to it to the employee and his or her attorney or the representative of the decedent and his or her attorney by certified mail, return receipt requested, at the same time as it is filed with the department in the same manner as if it were a memorandum of agreement. The nonprejudicial memorandum of agreement shall contain all information as directed by § 28-35-1. Having done so, the nonprejudicial memorandum of agreement and any action taken pursuant to it shall be without prejudice to any party subsequently maintaining any position as to employer liability for payments under chapters 29 — 38 of this title, maintainable in the absence of an agreement. If at any time within or at the close of the thirteen-week (13) period after payments of compensation have commenced the employer or insurer terminates weekly payments to the employee or to those entitled to payments on account of death of an employee, the employer or insurer shall notify the employee and his or her attorney or the representative of the decedent employee and his or her attorney within ten (10) days on a form prescribed by the department that:
(1)
Payments have terminated;
(2)
The claim has not been formally accepted; and
(3)
The employee has the right to file a petition, within the two-year (2) limitation as set forth in § 28-35-57, to formally establish liability of the employer or insurer.
(b)
If the employer or insurer makes payments of weekly benefits to the employee or to those entitled to payments on account of death of an employee for more than the thirteen-week (13) period, the payments shall constitute a conclusive admission of liability and ongoing incapacity as to the injuries set forth in the nonprejudicial memorandum of agreement. The employer or insurer shall within ten (10) days of making additional payments file a memorandum of agreement pursuant to § 28-35-1.
History of Section.
P.L. 1990, ch. 332, art. 1, § 9; P.L. 1993, ch. 474, § 2; P.L. 2022, ch. 234, art. 1, § 16, effective December 31, 2022.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-9. - Payment of weekly benefits — Admission of entitlement to compensation — Payment of compensation without agreement.

§ 28-35-9. Payment of weekly benefits — Admission of entitlement to compensation — Payment of compensation without agreement.
In the event that an employer or insurer makes payment of weekly benefits to an employee without filing a memorandum of agreement or a nonprejudicial memorandum of agreement with the department, the payment shall constitute a conclusive admission of liability and ongoing incapacity and that the employee is entitled to compensation under chapters 29 — 38 of this title and the employer or insurer shall not be entitled to any credit for the payment if the employee is awarded compensation in accordance with these chapters. The employer or insurer shall not file a petition to suspend or reduce payments until a memorandum has been filed with the department.
History of Section.
G.L. 1938, ch. 300, art. 3, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-9; P.L. 1980, ch. 383, § 1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 1, § 5; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-10. - Duplicates of documents furnished to employee — Inadmissibility of documents when copies not furnished.

§ 28-35-10. Duplicates of documents furnished to employee — Inadmissibility of documents when copies not furnished.
Where an employer, his or her insurer, or the agents or independent contractors of either obtains from an injured employee any paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons or any other supervisory employees at the injured employee’s place of employment, whether signed or unsigned, and regardless of the mode of obtaining it, concerning compensation, the injured employee shall receive an exact duplicate original copy of that paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons or any other supervisory employees at the injured employee’s place of employment which shall be signed by a duly authorized agent or the employer or his or her insurer. The paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons or any other supervisory employees at the injured employee’s place of employment, shall be furnished to the employee at the time it is obtained, and a copy shall also be furnished to the employee’s attorney immediately upon request by that attorney. If a copy of a paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons or any other supervisory employees at the injured employee’s place of employment is not furnished strictly in accordance with this section, nothing contained in it may be used by an employer or his or her insurer or attorney for direct or cross-examination of the employee. The individual obtaining it may not testify in any proceeding and the paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons or any other supervisory employees at the injured employee’s place of employment shall be inadmissible in any proceeding, if objection by the employee to its admission is made.
History of Section.
G.L. 1938, ch. 300, art. 3, § 1; P.L. 1950, ch. 2606, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-10; P.L. 1963, ch. 201, § 1; P.L. 1969, ch. 123, § 1; P.L. 2004, ch. 6, § 46.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-11. - Questions determined by court.

§ 28-35-11. Questions determined by court.
All questions arising under chapters 29 — 38 of this title and § 45-21.2-9 shall, except as otherwise provided, be determined by the workers’ compensation court in accordance with the provisions of those chapters.
History of Section.
P.L. 1912, ch. 831, art. 3, § 20; G.L. 1923, ch. 92, art. 3, § 19; G.L. 1938, ch. 300, art. 3, § 19; G.L. 1938, ch. 300, art. 3, §§ 3, 17; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-11; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2011, ch. 151, art. 12, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-12.1. - Prompt decision required.

§ 28-35-12.1. Prompt decision required.
The judge who hears a case pursuant to § 28-35-12 shall render his or her decision no later than thirty (30) days after each party has completed presenting its case. This provision shall not apply in any case for which the judge has shown just cause, as determined by rules of practice of the workers’ compensation court adopted pursuant to the authority granted to the court by § 28-29-26, for delay beyond thirty (30) days.
History of Section.
P.L. 1985, ch. 365, § 12; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-13. - Insurance commissioner as agent to receive process.

§ 28-35-13. Insurance commissioner as agent to receive process.
Every employer subject to or who elects to become subject to chapters 29 — 38 of this title and/or his or her insurer shall be deemed to have appointed the insurance commissioner of this state or his or her successor in office to be his or her true and lawful attorney upon whom may be served all lawful processes, petitions, and notices in any action or proceeding against the employer and/or insurer, wherever that service is provided for in §§ 28-35-14 — 28-35-28.
History of Section.
G.L. 1938, ch. 300, art. 9, § 9; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-14. - Copies of petition to respondents.

§ 28-35-14. Copies of petition to respondents.
Upon filing with the workers’ compensation court of any petition, stating the general nature of any claim as to which any dispute or controversy may have arisen, the petitioner shall serve a copy of the petition and its attachments on the respondent or respondents in accordance with the workers’ compensation court rules of practice.
History of Section.
P.L. 1912, ch. 831, art. 3, § 3; G.L. 1923, ch. 92, art. 3, § 3; G.L. 1938, ch. 300, art. 3, § 3; P.L. 1950, ch. 2625, § 1; P.L. 1954, ch. 3297, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-35-14; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1992, ch. 31, § 13; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6; P.L. 2019, ch. 218, § 2; P.L. 2019, ch. 248, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-15. - Service on parties outside state.

§ 28-35-15. Service on parties outside state.
In case an interested party is located out of the state, and has no post office address within this state, a copy of the petition and copies of all notices shall be filed by the petitioner in the office of the insurance commissioner and shall also be sent by registered or certified mail to the last known post office address of that party. This filing and mailing shall constitute sufficient service, with the same force and effect as if served upon a party located within the state.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-35-15; P.L. 1986, ch. 198, § 23; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-16. - Filing of answer — Additional parties.

§ 28-35-16. Filing of answer — Additional parties.
Within ten (10) days of the filing of the petition, the respondent or respondents shall file an answer to the petition with the workers’ compensation court and send a copy of it to the petitioner, identifying the specific issues disputed by the respondent or respondents with reference to the matter in dispute as disclosed by the petition. No pleadings other than the petition and answer shall be required to bring the matter to a final determination. If the respondent or respondents does not file an answer, the matter shall proceed as though the allegations of the petition had been denied. The workers’ compensation court may bring in additional parties by service of a copy of the petition by registered or certified mail.
History of Section.
P.L. 1912, ch. 831, art. 3, § 4; G.L. 1923, ch. 92, art. 3, § 4; P.L. 1928, ch. 1207, § 1; P.L. 1936, ch. 2290, § 10; G.L. 1938, ch. 300, art. 3, § 4; P.L. 1942, ch. 1236, § 1; P.L. 1947, ch. 1870, § 1; P.L. 1949, ch. 2368, § 1; G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-35-16; P.L. 1992, ch. 31, § 13; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-17. - Notice and conduct of hearings.

§ 28-35-17. Notice and conduct of hearings.
(a)
Upon the filing of any petition the court shall assign the matter to a judge. The court shall issue notice at that time, advising the parties of the judge to whom the case has been assigned and the date for pretrial conference in accordance with § 28-35-20.
(b)
Upon filing of any claim for a trial, following the pretrial conference held in accordance with § 28-35-20, the judge shall fix a time for trial and give notice of it in accordance with the rules of practice promulgated by the court but the initial hearing shall be fixed not later than thirty (30) days next after filing the claim for a trial. The court shall cause notice of the trial to be given to each interested party in accordance with the rules of practice promulgated by the court. The judge shall proceed to hear the matter as the justice of the case may require, and may allow amendments to the petition and the answer at any stage of the proceedings. Hearings may be adjourned from time to time for just and sufficient cause, and hearings may be held at the places that the workers’ compensation court shall designate.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3, P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-17; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, § 13; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-17.1. - Assessment of costs of delay.

§ 28-35-17.1. Assessment of costs of delay.
(a)
With respect to any delay or continuance of any matter or proceeding before the workers’ compensation court, the court shall have the discretion to determine whether the delay or continuance was due to action or inaction, without just cause, on the part of an employer, employee, insurance carrier, or attorney or other representative of an employer, employee, or insurance carrier.
(b)
Upon determination of the responsibility for any delay or continuance, the court shall have the authority to assess all direct costs or expenses incurred by any party or by the court as a result of the delay or continuance, or an appropriate penalty, including reasonable attorney’s fees, upon the responsible employer, employee, insurance carrier, or attorney or other representative. All costs, expenses, reasonable attorney’s fees, and penalties so assessed upon any delaying person or entity shall be disbursed as justice requires pursuant to the discretion of the court except attorney’s fees, which shall be paid to the attorney for the non-delaying party.
(c)
The workers’ compensation court shall, pursuant to § 28-30-12, promulgate rules and regulations to enforce this section.
History of Section.
P.L. 1982, ch. 32, art. 1, § 11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-18. - Hearings by compensation agencies of other states or territories.

§ 28-35-18. Hearings by compensation agencies of other states or territories.
The workers’ compensation court may also arrange to have hearings held by the workers’ compensation court officer or tribunal having authority to hear cases arising under the workers’ compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any this hearing to be reported to the workers’ compensation court and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the workers’ compensation court.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-18.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-19. - Hearing initiated by workers’ compensation court — Petition to enforce.

§ 28-35-19. Hearing initiated by workers’ compensation court — Petition to enforce.
(a)
If the workers’ compensation court has reason to believe that the payment of compensation has not been made, although it should have been made, it may on its own motion give notice to the parties of a time and place when a hearing will be had before the court for the purpose of determining facts and making an order. The notice shall contain a statement of the matter to be considered. Subsequently, all other provisions governing proceedings before the court shall attach insofar as they may be applicable.
(b)
Notwithstanding the provisions of subsection (a), any memorandum of agreement, preliminary determination, order, or decree shall be enforceable by a suitable action or proceeding brought by either of the parties to it before the workers’ compensation court.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-19; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-21. - Admissibility of medical and wage records.

§ 28-35-21. Admissibility of medical and wage records.
(a)
The certified copy of the record of a licensed healthcare facility as defined in chapter 17 of title 23 or of any healthcare provider or medical personnel licensed to practice under title 5 shall be admissible as evidence in any workers’ compensation proceeding. The determination of the admissibility of this evidence shall be made pursuant to the provisions of §§ 9-19-27 and 9-19-39 and the Rhode Island Rules of Evidence.
(b)
The contents of wage records of a claimant employee signed by his or her employer or by the person having charge of those records may be admitted in evidence in any workers’ compensation proceeding.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; P.L. 1955, ch. 3593, § 1; G.L. 1956, § 28-35-21; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1998, ch. 453, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-22. - Inspection of premises — Examination of wage records — Medical examination.

§ 28-35-22. Inspection of premises — Examination of wage records — Medical examination.
The workers’ compensation court may, with notice to all parties, cause testimony to be taken or an inspection of the premises where the injury occurred, to be had, or cause the time books and payroll records of the employer to be examined by any judge of the workers’ compensation court or any examiner appointed by it, and may from time to time direct any employee claiming compensation to be examined by an impartial physician as defined in § 28-35-24; the testimony so taken and the results of any inspection or examination to be reported to the workers’ compensation court for its consideration upon any hearing.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-22; P.L. 1986, ch. 154, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-23. - Ex parte testimony.

§ 28-35-23. Ex parte testimony.
All ex parte testimony taken by the workers’ compensation court shall be reduced to writing and either party shall have opportunity to rebut it at any hearing where introduced.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-24. - Examination by or opinion of impartial physician.

§ 28-35-24. Examination by or opinion of impartial physician.
(a)
Whenever the testimony presented at any hearing indicates a dispute, or creates doubt, as to the extent, nature, or cause of disability or death, the workers’ compensation court may direct that the injured employee be examined, or may obtain an opinion without examination of an impartial, competent physician designated by the workers’ compensation court who is not under contract with or regularly employed or regularly retained by a compensation insurer or self-insured employer.
(b)
The expense of the examination shall be paid by the employer. The report of the examination shall be transmitted to the workers’ compensation court and a copy of it shall be furnished by the workers’ compensation court to each party who shall have an opportunity to rebut it on further hearing.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-24; P.L. 1986, ch. 154, § 1; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.