reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-1. - Employees entitled to compensation.

§ 28-33-1. Employees entitled to compensation.
If an employee who has not given notice of his or her claim of common law rights of action, or who has given the notice and has waived the common law rights, as provided in § 28-29-19, receives a personal injury arising out of and in the course of his or her employment, connected and referable to the employment, he or she shall be paid compensation, as hereinafter provided, by an employer subject to or who has elected to become subject to the provisions of chapters 29 — 38 of this title.
History of Section.
P.L. 1912, ch. 831, art. 2, § 1; G.L. 1923, ch. 92, art. 2, § 1; P.L. 1936, ch. 2290, § 3; P.L. 1936, ch. 2358, § 2; G.L. 1938, ch. 300, art. 2, § 1; P.L. 1949, ch. 2282, § 2; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-1; P.L. 1986, ch. 507, § 7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-1.1. - [Repealed.]

§ 28-33-1.1. [Repealed.]
History of Section.
P.L. 1985, ch. 365, § 3; P.L. 1986, ch. 1, § 4; P.L. 1986, ch. 507, § 7; P.L. 1987, ch. 419, § 1; P.L. 1989, ch. 480, § 13; Repealed by P.L. 1990, ch. 332, art. 1, § 10, effective July 11, 1990.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-2. - Injuries occasioned by willful intent or intoxication.

§ 28-33-2. Injuries occasioned by willful intent or intoxication.
No compensation shall be allowed for the injury or death of an employee occasioned by his or her willful intention to bring about the injury or death of himself or herself or another, where it is proved that his or her injury or death was occasioned by that conduct, or that the injury or death resulted from his or her intoxication or unlawful use of controlled substances as defined in chapter 28 of title 21.
History of Section.
P.L. 1912, ch. 831, art. 2, § 2; G.L. 1923, ch. 92, art. 2, § 2; G.L. 1938, ch. 300, art. 2, § 2; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-2; P.L. 1982, ch. 32, art. 1, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-2.1. - Injuries occasioned by employer-sponsored social or athletic activities.

§ 28-33-2.1. Injuries occasioned by employer-sponsored social or athletic activities.
No compensation shall be allowed for the injury or death of an employee occasioned by or during his or her voluntary participation in employer-sponsored social or nonprofessional athletic activity; provided, that the foregoing provision shall not bar the right of an employee to recover against an employer for tortious misconduct.
History of Section.
P.L. 1984, ch. 142, art. 5, § 6; P.L. 1984 (s.s.), ch. 450, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-4. - Commencement of compensation.

§ 28-33-4. Commencement of compensation.
No indemnity compensation shall be paid under chapters 29 — 38 of this title for any injury that does not incapacitate the employee for a period of at least three (3) days from earning full wages, but, if the incapacity extends beyond the period of three (3) days, compensation shall begin on the fourth day from the date of injury, the first two hundred fifty dollars ($250) of indemnity compensation following the three-day (3) period, and the first two hundred fifty dollars ($250) of medical expense for any compensable injury shall, at the discretion of the carrier, be a deductible charged to any employer insured in the residual market, which deductible the insurance carrier shall promptly charge back to the employer. Nonpayment by the employer may be grounds for cancellation of the employer’s workers’ compensation insurance policy.
History of Section.
P.L. 1912, ch. 831, art. 2, § 4; P.L. 1917, ch. 1534, § 2; P.L. 1921, ch. 2095, § 3; G.L. 1923, ch. 92, art. 2, § 4; P.L. 1936, ch. 2290, § 3; G.L. 1938, ch. 300, art. 2, § 4; P.L. 1941, ch. 1055, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-4; P.L. 1992, ch. 31, § 5; P.L. 1994, ch. 101, § 4; P.L. 1994, ch. 401, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-5. - Medical services provided by employer.

§ 28-33-5. Medical services provided by employer.
The employer shall, subject to the choice of the employee as provided in § 28-33-8, promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such period as is necessary, in order to cure, rehabilitate, or relieve the employee from the effects of the employee’s injury. Irrespective of the date of injury, the liability of the employer for hospital service rendered under this section to the injured employee shall be the cost to the hospital of rendering the service at the time the service is rendered. The director, after consultations with representatives of hospitals, employers, and insurance companies, shall establish administrative procedures regarding the furnishing and filing of data and the time and method of billing and may accept as representing the costs for both routine and special services to patients, costs as computed for the federal Medicare program. Each hospital licensed under chapter 17 of title 23 that renders services to injured employees under the workers’ compensation act, chapters 29 — 38 of this title, shall submit and certify to the director, in accordance with requirements of the administrative procedures established by him or her, its costs for those services. The employer shall also provide all medical, optical, dental, and surgical appliances and apparatus required to cure or relieve the employee from the effects of the injury, including, but not limited to, the following: ambulance and nursing service, eyeglasses, dentures, braces and supports, artificial limbs, crutches, and other similar appliances; provided, that the employer shall not be liable to pay for or provide hearing aids or other amplification devices.
History of Section.
P.L. 1912, ch. 831, art. 6, § 5; P.L. 1915, ch. 1268, § 1; G.L. 1923, ch. 92, art. 6, § 5; G.L. 1938, ch. 300, art. 6, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-32-5; P.L. 1985, ch. 365, § 6; P.L. 1986, ch. 507, § 7; P.L. 1990, ch. 332, art. 1, § 3; P.L. 2001, ch. 256, § 4; P.L. 2001, ch. 355, § 4; P.L. 2013, ch. 445, § 1; P.L. 2013, ch. 475, § 1; P.L. 2022, ch. 234, art. 1, § 15, effective December 31, 2022; P.L. 2023, ch. 205, § 1, effective June 21, 2023; P.L. 2023, ch. 206, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-6. - Failure to provide or accept medical services.

§ 28-33-6. Failure to provide or accept medical services.
In the case of the employer’s neglect or refusal reasonably to do so, the employer shall be liable for the reasonable expense incurred by or on behalf of the employee in providing treatment, and the refusal of the employee to accept treatment reasonably required to lessen or terminate his or her incapacity shall bar the employee from receiving compensation during the period of refusal.
History of Section.
G.L. 1938, ch. 300, art. 2, § 5; P.L. 1942, ch. 1226, § 1; P.L. 1947, ch. 1832, § 1; P.L. 1954, ch. 3297, § 1; P.L. 1955, ch. 3540, § 1; G.L. 1956, § 28-33-6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-8.1. - Managed care programs.

§ 28-33-8.1. Managed care programs.
Any employer or insurer may petition the director of labor and training and the director of business regulation for authority to provide health care, diagnosis, and treatment through any health plan, health maintenance organization, or managed care provider licensed in the state. The directors shall have discretion to approve or disapprove the petition, and approval of both directors shall be required to authorize the managed care program. Any such provider, including a nonprofit hospital service corporation or nonprofit medical service corporation, may provide, underwrite, or administer the provision of health care, diagnosis, or treatment arising under chapters 29 — 38 of this title, to the extent specified under the managed care program without incurring any liabilities or obligations under chapters 29 — 38 of this title not specified in the managed care program, and the provider shall not become subject to the regulation and the generally applicable liabilities and obligations of workers’ compensation insurers.
History of Section.
P.L. 1992, ch. 31, § 6; P.L. 1994, ch. 430, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-9. - Order declaring employer liable for medical services.

§ 28-33-9. Order declaring employer liable for medical services.
When an injury results in no incapacity or incapacity of three (3) days or less and a dispute arises between the employee and the employer or insurer as to the payment of medical expenses or other services provided under §§ 28-33-5, 28-33-7 and 28-33-8, the employee or the medical provider may file a petition with the workers’ compensation court, which petition shall follow the procedure as outlined in chapter 35 of this title. In no event shall a petition be filed until twenty-one (21) days have elapsed since written demand for payment for the expense or service has been made on the employer or insurer.
History of Section.
G.L. 1938, ch. 300, art. 2, § 5; P.L. 1941, ch. 1055, § 2; P.L. 1942, ch. 1226, § 1; P.L. 1947, ch. 1832, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-9; P.L. 1965, ch. 155, § 1; P.L. 1968, ch. 134, § 1; P.L. 1985, ch. 365, § 6; P.L. 1986, ch. 507, § 7; P.L. 1989, ch. 161, § 1; 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 28-33-10. - “Dental, hospital, and medical services” defined.

§ 28-33-10. “Dental, hospital, and medical services” defined.
(a)
“Dental services” as used in §§ 28-33-5 — 28-33-9 includes services rendered in making, repairing, and replacing artificial teeth and dentures.
(b)
“Hospital services” as used in §§ 28-33-5 — 28-33-9 includes any and all services normally furnished by the hospital for the care of patients.
(c)
“Medical services” as used in §§ 28-33-5 — 28-33-9 includes palliative care services by a physician licensed by the state for twelve (12) visits, after reaching maximum medical improvement. Additional palliative care must be authorized by the insurer or self-insured employer. A request for additional palliative care must be submitted to the insurer or self-insured employer at least ten (10) working days prior to delivery of the services and shall include a treatment plan, including a time schedule of measurable objectives, a projected termination date of treatment, and an estimated total cost of services. The director shall promulgate rules governing a request for additional palliative care and review of any decision relating to it. Any disputes as to the definition of “palliative care” shall be resolved by the medical advisory board. These limitations on palliative care shall not apply to any conditions for which a contrary treatment protocol has been established by the medical advisory board.
History of Section.
G.L. 1923, ch. 92, art. 2, § 5; P.L. 1937, ch. 2545, § 1; G.L. 1938, ch. 300, art. 2, § 5; P.L. 1941, ch. 1051, § 1; P.L. 1942, ch. 1226, § 1; P.L. 1947, ch. 1832, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-10; P.L. 1992, ch. 31, § 5; P.L. 1995, ch. 44, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-11. - Notice of hearings — Time of decision.

§ 28-33-11. Notice of hearings — Time of decision.
No hearing shall be held by the workers’ compensation court or any judge of that court under §§ 28-33-5 — 28-33-10 unless written notice of the hearing is sent to the employer and employee five (5) days before the time of the hearing. The decision shall be rendered within seventy-two (72) hours after the hearing, unless the parties agree otherwise.
History of Section.
G.L. 1938, ch. 300, art. 2, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-11; P.L. 1985, ch. 365, § 6; P.L. 1990, ch. 332, art. 1, § 3; P.L. 2013, ch. 445, § 1; P.L. 2013, ch. 475, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-13. - Persons presumed wholly dependent.

§ 28-33-13. Persons presumed wholly dependent.
The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee:
(1)
A wife upon a husband with whom she lives, or from whom she was living apart for a justifiable cause, or because he had deserted her, or upon whom she is dependent at the time of his death. The findings of the workers’ compensation court upon the questions of justifiable cause and desertion shall be final for the purposes of this chapter.
(2)
A husband upon a wife with whom he lives or upon whom he is dependent at the time of her death.
(3)
A child or children, including adopted and stepchildren, under the age of eighteen (18) years, or over that age but physically or mentally incapacitated from earning, upon the parent with whom he or she is or they are living or upon whom he or she is or they are dependent at the time of the death of that parent, there being no surviving dependent parent. In case there is more than one child who is dependent, the compensation hereunder shall be equally divided among them.
History of Section.
P.L. 1912, ch. 831, art. 2, § 7; P.L. 1917, ch. 1534, § 3; G.L. 1923, ch. 92, art. 2, § 7; G.L. 1938, ch. 300, art. 2, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-14. - Determination of dependency — Division of payments among dependents.

§ 28-33-14. Determination of dependency — Division of payments among dependents.
In all other cases except those provided in § 28-33-13, questions of entire or partial dependency shall be determined in accordance with the facts as they may have been at the time of the injury. In these other cases, if there is more than one person wholly dependent, the compensation shall be equally divided among them, and persons partly dependent, if any, shall receive no part of it during the period in which compensation is paid to persons wholly dependent. If there is no one wholly dependent and more than one person partly dependent, the compensation shall be divided among them according to the relative extent of their dependency.
History of Section.
P.L. 1912, ch. 831, art. 2, § 7; G.L. 1923, ch. 92, art. 2, § 7; G.L. 1938, ch. 300, art. 2, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-15. - Relationship and dependency required.

§ 28-33-15. Relationship and dependency required.
No person shall be considered a dependent unless he or she is a member of the employee’s family or next of kin, wholly or partly dependent upon the wages, earnings, or salary of the employee for support at the time of the injury If there is no person as provided in this section, then the parents of any employee who has not obtained his twenty-first (21st) birthday shall be considered a dependent, regardless of whether dependent on the wages, earnings, or salary of the employee, or not.
History of Section.
P.L. 1912, ch. 831, art. 2, § 8; G.L. 1923, ch. 92, art. 2, § 8; G.L. 1938, ch. 300, art. 2, § 8; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-15; P.L. 1971, ch. 226, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-16. - Burial expenses.

§ 28-33-16. Burial expenses.
If the employee dies as a result of the injury, the employer shall pay in addition to any compensation provided for in this chapter, the sum of twenty thousand dollars ($20,000). This sum shall be paid under the provisions of § 28-33-23.
History of Section.
P.L. 1912, ch. 831, art. 2, § 9; G.L. 1923, ch. 92, art. 2, § 9; P.L. 1936, ch. 2290, § 6; G.L. 1938, ch. 300, art. 2, § 9; P.L. 1941, ch. 1059, § 1; P.L. 1952, ch. 2952, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-16; P.L. 1959, ch. 162, § 1; P.L. 1961, ch. 61, § 12; P.L. 1969, ch. 125, § 1; P.L. 1973, ch. 32, § 2; P.L. 1982, ch. 32, art. 1, § 6; P.L. 1986, ch. 224, § 1; P.L. 2002, ch. 119, § 3; P.L. 2002, ch. 280, § 3; P.L. 2013, ch. 445, § 2; P.L. 2013, ch. 475, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-17.1. - Employees not entitled to compensation.

§ 28-33-17.1. Employees not entitled to compensation.
(a)
An employee shall not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was gainfully employed or found capable of gainful employment at an average weekly wage equal to or in excess of the pre-injury average weekly wage, exclusive of overtime, that the employee was earning at the time of the employee’s injury, notwithstanding an existing agreement or decree to the contrary.
(b)
In the event that any employer or insurer makes payment of compensation benefits to an employee for any period during which the employee was not entitled to be paid in accordance with subsection (a) of this section, or in the event that an overpayment of weekly benefits was paid, the employer shall be entitled to credit for any payment of compensation made during that period of employment against future compensation benefits and/or specific compensation benefits pursuant to § 28-33-19 payable directly to the employee, as agreed to by the parties, or determined by the court.
(c)
An employee shall also not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense. Where the disposition of criminal charges results in a conviction and includes credit for time-served, such that the time served becomes a period served as the result of a conviction, the employee shall not be entitled to compensation for that period. If payments were made to the employee for that period, prior to the disposition of the charges, the employer/insurer shall be entitled to a credit for the payments as against any future entitlement to benefits.
History of Section.
P.L. 1978, ch. 232, § 1; P.L. 1981, ch. 340, § 1; P.L. 1992, ch. 31, § 5; P.L. 1998, ch. 105, § 2; P.L. 1998, ch. 404, § 2; P.L. 2000, ch. 491, § 11; P.L. 2023, ch. 205, § 1, effective June 21, 2023; P.L. 2023, ch. 206, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-18.1. - Employees not entitled to compensation for total incapacity.

§ 28-33-18.1. Employees not entitled to compensation for total incapacity.
(a)
An employee shall not be entitled to be paid compensation for total incapacity under chapters 29 — 38 of this title for any period during which the employee was gainfully employed at an average weekly wage less than that which he or she was earning at the time of his or her injury notwithstanding an existing agreement or decree to the contrary. In that instance, an employee shall be entitled to benefits as provided in § 28-33-18.
(b)
In the event that an employer or insurer has made payment of compensation benefits to an employee during any period during which the employee was not entitled to be paid in accordance with subsection (a) of this section, the employer shall be entitled to credit for any payment of compensation made during that period of employment against future compensation benefits payable directly to the employee.
History of Section.
P.L. 1978, ch. 232, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-20.1. - Computation of earnings for recurrence — Burden of employee to establish recurrence.

§ 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.
(a)
In the event a person collecting benefits under this chapter, regardless of the date of injury, has returned to employment for a period of twenty-six (26) weeks or more and suffers a recurrence of the injury that precipitated the person collecting benefits under this chapter, the average weekly wage shall be ascertained by applying the same formula of § 28-33-20 to the thirteen (13) calendar weeks immediately preceding the week in which he or she suffered the recurrence. In making this computation, absence for seven (7) consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week.
(b)
For all petitions filed to prove recurrence of incapacity to work, regardless of the date of injury, the employee must document that the incapacity has increased or returned without the need for the employee to document a comparative change of condition.
History of Section.
P.L. 1990, ch. 332, art. 4, § 2; P.L. 2000, ch. 109, § 34; P.L. 2021, ch. 402, § 1, effective July 14, 2021; P.L. 2021, ch. 403, § 1, effective July 14, 2021.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-21. - Savings or other insurance not to be considered.

§ 28-33-21. Savings or other insurance not to be considered.
No savings or insurance of the injured employee, independent of chapters 29 — 38 of this title, shall be taken into consideration in determining the compensation to be paid, nor shall benefits derived from any other source than the employer be considered in fixing the compensation under those chapters, except as provided in § 28-33-45. Any employer who refuses or delays payment under those chapters on account of the receipt by any injured employee of savings, insurance, or benefits shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment not exceeding one year, or both.
History of Section.
P.L. 1912, ch. 831, art. 2, § 14; P.L. 1913, ch. 937, § 1; G.L. 1923, ch. 92, art. 2, § 14; G.L. 1938, ch. 300, art. 2, § 14; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-21; P.L. 1992, ch. 31, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-22. - Minors employed in violation of law.

§ 28-33-22. Minors employed in violation of law.
(a)
If, at the time of the injury, the injured employee is a minor employed in violation of any law of this state or of the United States relating to the employment of minors, then the compensation payable shall be treble the amount that would have been payable if that minor had been legally employed.
(b)
In fixing the amount of any compensation under chapters 29 — 38 of this title, due allowance shall be made for any sum that the employer may have paid to any injured minor employee or to his dependents on account of the injury, except those sums that the employer may have expended or directed to be expended for medical, surgical, or hospital service.
(c)
Whenever the workers’ compensation insurance carrier for the employer is obligated to pay treble the amount that would have been payable if that minor had been legally employed, the workers’ compensation insurance carrier shall have a complete right of indemnification to the extent the additional benefits are paid against the employer for the additional benefits paid above and beyond the usual workers’ compensation indemnity benefit.
History of Section.
P.L. 1912, ch. 831, art. 2, § 26; P.L. 1917, ch. 1534, § 4; G.L. 1923, ch. 92, art. 2, § 26; P.L. 1936, ch. 2290, § 8; G.L. 1938, ch. 300, art. 2, § 26; G.L., ch. 300, art. 2, § 25; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-22; P.L. 1963, ch. 44, § 1; 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 28-33-23. - Persons to whom compensation payable in event of death.

§ 28-33-23. Persons to whom compensation payable in event of death.
(a)
The compensation payable under chapters 29 — 38 of this title in case of death of the injured employee shall be paid to his or her legal representatives. If he or she has no legal representative, the amount is payable to his or her dependents entitled to that compensation or, if he or she leaves no dependents, to the person to whom the expenses for the burial and last sickness are due.
(b)
If the payment is made to the legal representative of the deceased employee, it shall be paid by the legal representative to the dependents or other persons entitled to it under chapters 29 — 38 of this title.
History of Section.
P.L. 1912, ch. 831, art. 2, § 15; G.L. 1923, ch. 92, art. 2, § 15; G.L. 1938, ch. 300, art. 2, § 15; P.L. 1949, ch. 2231, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-24. - Cessation of payments on death of employee.

§ 28-33-24. Cessation of payments on death of employee.
All payments of compensation under chapters 29 — 38 of this title shall cease upon the death of the employee from a cause other than or not induced by the injury for which he or she is receiving compensation; provided, that where specific compensation is payable under the provisions of § 28-33-19, those payments shall be vested and are not to be divested by any subsequent happening or contingency.
History of Section.
P.L. 1912, ch. 831, art. 2, § 15; G.L. 1923, ch. 92, art. 2, § 15; G.L. 1938, ch. 300, art. 2, § 15; P.L. 1949, ch. 2231, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-25.1. - Settlement of disputed cases.

§ 28-33-25.1. Settlement of disputed cases.
Notwithstanding the provisions of §§ 28-33-25 and 28-33-26, in cases where liability of the employer for payment of workers’ compensation benefits has not been finally established, the parties may submit a settlement proposal to the workers’ compensation court for approval. If, upon consideration, a judge of the workers’ compensation court deems the settlement proposal to be in the best interest of the parties, including the employee, employer, and the insurance carrier, the judge may approve the settlement. Payment by the employer or insurer shall not be deemed to be the payment of workers’ compensation benefits, but shall be considered a compromise payment of a disputed claim. The settlement and payment pursuant to it shall not be subject to liens set forth in § 28-33-27(b) and must be paid within fourteen (14) days of entry of an order to pay or the date(s) upon which payment(s) is/are due pursuant to a court order, and a penalty of one hundred dollars ($100) shall be assessed for every day the payment is delinquent. Upon payment, the employer and insurer shall be entitled to a duly executed release that fully and finally absolves and discharges the employer and insurer from any and all liability arising out of the claimed injury.
History of Section.
P.L. 1990, ch. 332, art. 1, § 8; P.L. 2004, ch. 273, § 3; P.L. 2004, ch. 293, § 3; P.L. 2021, ch. 402, § 1, effective July 14, 2021; P.L. 2021, ch. 403, § 1, effective July 14, 2021.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-26. - Waivers of compensation void.

§ 28-33-26. Waivers of compensation void.
No agreement by an employee, except as provided in §§ 28-29-22 — 28-29-24, to waive his or her rights to compensation under chapters 29 — 38 of this title shall be valid except to the extent permitted by § 28-41-6 or 28-33-25.1.
History of Section.
P.L. 1912, ch. 831, art. 2, § 22; G.L. 1923, ch. 92, art. 2, § 22; G.L. 1938, ch. 300, art. 2, § 22; G.L. 1938, ch. 300, art. 2, § 26; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-26; P.L. 1982, ch. 32, art. 1, § 6; 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 28-33-27. - Immunity of claims from assignment or liability for debt.

§ 28-33-27. Immunity of claims from assignment or liability for debt.
(a)
No claims or payments due for compensation under chapters 29 — 38 of this title or under any alternative scheme permitted by §§ 28-29-22 — 28-29-24 shall be assignable, or subject to attachment, or liable in any way for any debts, except as set forth in subsection (b) of this section.
(b)
A lien in favor of the department of labor and training and/or the executive office of health and human services shall attach by operation of law to any benefits due and payable under chapters 29 — 38 of this title, or under any alternative scheme by §§ 28-29-22 — 28-29-24, to the extent that those payments have been made by the department of labor and training and/or the executive office of health and human services to or on behalf of an injured employee or his or her dependents, but only to the extent that the employee would be entitled to receive benefits under the provision of these chapters. Any such lien is subject to the provisions of § 40-6-10.
History of Section.
P.L. 1912, ch. 831, art. 2, § 23; G.L. 1923, ch. 92, art. 2, § 23; G.L. 1938, ch. 300, art. 2, § 23; G.L. 1938, ch. 300, art. 2, § 22; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-27; P.L. 1982, ch. 32, art. 1, § 6; P.L. 2012, ch. 241, art. 11, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-28. - Priority of claim over debts of employer.

§ 28-33-28. Priority of claim over debts of employer.
The claim for compensation under chapters 29 — 38 of this title or under any alternative scheme permitted by §§ 28-29-22 — 28-29-24, and any determination or decree on any claim shall be entitled to a preference over the unsecured debts of the employer subsequently contracted to the same amount as the wages of labor are now preferred by the laws of this state; but nothing in this section shall be construed as impairing any lien which the employee may have acquired.
History of Section.
P.L. 1912, ch. 831, art. 2, § 24; G.L. 1923, ch. 92, art. 2, § 24; G.L. 1938, ch. 300, art. 2, § 24; G.L. 1938, ch. 300, art. 2, § 23; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-28; P.L. 1986, ch. 507, § 7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-29. - Exercise of rights or privileges by guardian, conservator, or next friend.

§ 28-33-29. Exercise of rights or privileges by guardian, conservator, or next friend.
In case an injured employee is mentally incompetent, or, where death results from the injury, in case any of his or her dependents entitled to compensation under this chapter are mentally incompetent or minors at the time when any right, privilege, or election accrues to him or her or them under chapters 29 — 38 of this title, his or her conservator, guardian, or next friend may, in his or her behalf, claim and exercise that right, privilege, or election, and no limitation of time provided in those chapters shall run so long as the incompetent person or minor has no conservator or guardian.
History of Section.
P.L. 1912, ch. 831, art. 2, § 16; G.L. 1923, ch. 92, art. 2, § 16; G.L. 1938, ch. 300, art. 2, § 16; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-29.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-30. - Time for notice of injury to employer.

§ 28-33-30. Time for notice of injury to employer.
No proceedings for compensation for an injury under chapters 29 — 38 of this title shall be maintained unless a notice of the injury has been given to the employer within thirty (30) days after the happening or manifestation of the injury.
History of Section.
P.L. 1912, ch. 831, art. 2, § 17; G.L. 1923, ch. 92, art. 2, § 17; G.L. 1938, ch. 300, art. 2, § 17; P.L. 1941, ch. 1061, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-30.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-31. - Contents of notice to employer.

§ 28-33-31. Contents of notice to employer.
Notice as required by § 28-33-30 shall state in ordinary language the nature, time, place, and cause of the injury, and the name and address of the person injured, and shall be signed by the injured person, or by a person in his or her behalf, or, in the event of his or her death, by his or her legal representative, or by a person in behalf of either.
History of Section.
P.L. 1912, ch. 831, art. 2, § 18; G.L. 1923, ch. 92, art. 2, § 18; G.L. 1938, ch. 300, art. 2, § 18; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-31; P.L. 2013, ch. 445, § 1; P.L. 2013, ch. 475, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-32. - Manner of serving notice.

§ 28-33-32. Manner of serving notice.
Notice as required by § 28-33-30 shall be served upon the employer, or upon one employer, if there are more employers than one, or if the employer is a corporation, upon any officer or agent upon whom process may be served, by delivering it to the person on whom it is to be served, or by leaving it at his or her last known residence or place of business, or by sending it by registered or certified mail addressed to the person to be served, or, in the case of a corporation, to the corporation itself, at his or her or its last known residence or place of business. Mailing of the notice shall constitute completed service.
History of Section.
P.L. 1912, ch. 831, art. 2, § 19; G.L. 1923, ch. 92, art. 2, § 19; G.L. 1938, ch. 300, art. 2, § 19; P.L. 1954, ch. 3297, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-33-32.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-33. - Inaccuracies in notice — Want of notice as defense.

§ 28-33-33. Inaccuracies in notice — Want of notice as defense.
A notice given under the provisions of chapters 29 — 38 of this title shall not be held invalid or insufficient by reason of any inaccuracy in stating the nature, time, place, or cause of the injury, or the name and address of the person injured, if:
(1)
It is shown that the employer or his or her agent had actual knowledge of the injury;
(2)
The court determines that good cause exists for failure to give notice in a timely manner;
(3)
The employer or insurer was not in fact misled by it; or
(4)
The employer or insurer does not contest the claim.
History of Section.
P.L. 1912, ch. 831, art. 2, § 20; G.L. 1923, ch. 92, art. 2, § 20; G.L. 1938, ch. 300, art. 2, § 20; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-33; P.L. 1992, ch. 31, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-34. - Physical examination by employer’s physician — Report.

§ 28-33-34. Physical examination by employer’s physician — Report.
The employee shall, after an injury, and at reasonable times during the continuance of his or her disability if so requested by his or her employer, submit himself or herself to an examination by a physician, or rehabilitation counselor certified by the director pursuant to § 28-33-41 in cases where the employee has received compensation for a period of more than three (3) months, furnished and paid for by the employer. The employee shall have the right to have a physician provided by the employee and paid for by the employer present at the examination. The employee shall be entitled to a full, exact, signed duplicate copy of the medical report of the examining physician, which shall be mailed by the employer or carrier to the employee and his or her attorney upon receipt of the original report by the employer or carrier. Failure to do so shall make the report or evidence of the examining physician inadmissible if objection is made by the employee to the admission of the report or evidence. Provided, that at the employee’s or his or her attorney’s request, a judge of the workers’ compensation court shall order the employer or carrier to furnish to the employee a full, exact, signed duplicate copy of the medical report of the examining physician. Nothing in this section shall be construed to require the employee to be receiving benefits as a condition precedent to the requirement of an examination.
History of Section.
P.L. 1912, ch. 831, art. 2, § 21; P.L. 1919, ch. 1795, § 2; G.L. 1923, ch. 92, art. 2, § 21; G.L. 1938, ch. 300, art. 2, § 21; P.L. 1941, ch. 1062, § 1; P.L. 1942, ch. 1194, § 1; P.L. 1949, ch. 2229, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-34; P.L. 1959, ch. 104, § 1; P.L. 1963, ch. 127, § 1; P.L. 1982, ch. 32, art. 1, § 6; P.L. 1989, ch. 57, § 1; P.L. 1991, ch. 206, § 4; P.L. 2000, ch. 491, § 4; P.L. 2003, ch. 388, § 3; P.L. 2003, ch. 395, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-34.1. - Schedule of medical review.

§ 28-33-34.1. Schedule of medical review.
(a)
On or about twenty-six (26) weeks from the date of a compensable injury, any person obtaining incapacity benefits may be examined and his or her diagnosis and treatment reviewed by a comprehensive independent healthcare review team or an impartial medical examiner. The comprehensive independent healthcare review team or impartial medical examiner shall be selected through a mechanism to be established by the administrator of the medical advisory board. The results of the examination and review shall be provided to the employee and the insurer or self-insured employer within fourteen (14) days of the examination and a copy shall be filed with the medical advisory board. The comprehensive independent healthcare review team and/or impartial medical examiner shall review the treating physician’s findings and diagnosis and make its own findings of the extent and nature of the claimed disability; the degree of functional impairment and/or disability; the expectation of further medical improvement; any further medical care, treatment, and/or rehabilitation services that may be required to reach maximum medical improvement; type(s) of work that can be performed within existing physical capacity; the degree of disability expected at maximum medical improvement; whether the employee can return to the former position of employment; and compliance of the treating physician with protocols and standards of medical care established by the medical advisory board. The report may be subsequently admissible as a court exhibit. A party may be permitted to cross-examine the author(s) of the report with leave of the court.
(b)
On or about thirteen (13) weeks after any examination under this section or § 28-33-35, a comprehensive independent healthcare review team or impartial medical examiner shall perform a similar review. The same comprehensive independent healthcare review team or impartial medical examiner may not perform more than two (2) consecutive reviews on a particular employee.
(c)
Failure to appear for examination under this section shall be grounds for suspension or termination of benefits unless justified by good cause. Residence outside the state does not, by itself, constitute good cause for failure to appear.
History of Section.
P.L. 1992, ch. 31, § 8; P.L. 2010, ch. 95, § 2; P.L. 2010, ch. 121, § 2; 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 28-33-35. - Appointment of impartial medical examiner.

§ 28-33-35. Appointment of impartial medical examiner.
(a)
Any judge of the court may, at any time after an injury, on his or her own motion or on the request or petition of the employer or employee, appoint an impartial medical examiner or a comprehensive independent healthcare review team to act as a medical examiner, and the reasonable fee of the medical examiner for examinations under this section and/or § 28-33-34.1 shall be paid by the employer.
(b)
Impartial medical examiners and/or comprehensive independent healthcare review teams shall provide guidance and make recommendations with respect to contested or disputed findings of fact concerning health care. Impartial medical examiners and/or comprehensive independent healthcare review teams may also make findings as to compliance of healthcare providers with medical care standards and protocols established by the medical advisory board. Unless previously approved by the board, treatment or diagnostic services that are not consistent with the medical care standards and protocols shall not be charged to the employer or employee. The report of the findings of the impartial medical examiner and/or comprehensive independent healthcare review team may be admissible as an exhibit of the court. The findings of the report shall become final and binding unless either party elects to contest the findings. Notice of the contest must be filed within ten (10) days of receipt of the report required to be provided pursuant to § 28-33-34.1(a). The contesting party shall pay the cost of the court appearance of the author of the report. In the event that the employee is the prevailing party, the employee shall be reimbursed for the entire amount paid by him or her for the court appearance of the author of the report.
History of Section.
P.L. 1912, ch. 831, art. 2, § 21; P.L. 1919, ch. 1795, § 2; G.L. 1923, ch. 92, art. 2, § 21; G.L. 1938, ch. 300, art. 2, § 21; P.L. 1941, ch. 1062, § 1; P.L. 1942, ch. 1194, § 1; P.L. 1949, ch. 2229, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-35; P.L. 1985, ch. 365, § 6; P.L. 1986, ch. 154, § 2; P.L. 1986, ch. 507, § 7; P.L. 1990, ch. 332, art. 1, § 3; P.L. 1992, ch. 31, § 5; 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 28-33-36. - Payment of medical examiner’s fees.

§ 28-33-36. Payment of medical examiner’s fees.
Whenever, in any case arising under chapters 29 — 38 of this title, any judge of the court shall have, pursuant to the provisions of § 28-33-35, determined and fixed the reasonable fees of any impartial medical examiner, those medical fees shall be paid immediately, and no appeal of any case in which that impartial medical examiner shall have acted taken to any court of this state shall act as a stay of any order fixing the amount of that medical fees and ordering the payment of the fees, unless the appeal is taken for the purpose of having the court determine the reasonableness of the charge made by the impartial medical examiner.
History of Section.
G.L. 1938, ch. 300, art. 2, § 21; P.L. 1942, ch. 1194, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-36; P.L. 1985, ch. 365, § 6; 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 28-33-37. - Examination by impartial examiner — Reports.

§ 28-33-37. Examination by impartial examiner — Reports.
A medical examiner, once being duly sworn by a judge of the workers’ compensation court appointing him or her to the faithful performance of his or her duties at the inception of his or her designation as an impartial medical examiner, shall at that time and as often as requested in accordance with chapters 29 — 38 of this title, examine injured employees to determine the nature and probable duration of their injuries. This medical examiner shall file a signed report within ninety-six (96) hours of the completion of each and every examination made of those employees with the workers’ compensation court and that report shall indicate the name and the title of the official by whom he or she was sworn in and appointed and shall then be acceptable as proper legal evidence in any hearing or proceedings before the workers’ compensation court to determine the amount of compensation due the employee under the provisions of chapters 29 — 38 of this title, and the examiner may be summoned for the purpose of cross-examination in proceedings before the court. Copies of those reports shall be furnished to all interested parties.
History of Section.
P.L. 1912, ch. 831, art. 2, § 21; P.L. 1919, ch. 1795, § 2; G.L. 1923, ch. 92, art. 2, § 21; G.L. 1938, ch. 300, art. 2, § 21; P.L. 1941, ch. 1062, § 1; P.L. 1942, ch. 1194, § 1; P.L. 1950, ch. 2604, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-37; P.L. 1982, ch. 32, art. 1, § 6; P.L. 1983, ch. 28, § 2; P.L. 1985, ch. 365, § 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 28-33-38. - Refusal to submit to examination.

§ 28-33-38. Refusal to submit to examination.
If any employee refuses to submit himself or herself for any examination provided for in chapters 29 — 38 of this title, or in any way obstructs the examination, his or her rights to compensation shall be suspended and his or her compensation during that period of suspension may be forfeited.
History of Section.
P.L. 1912, ch. 831, art. 2, § 21; P.L. 1919, ch. 1795, § 2; G.L. 1923, ch. 92, art. 2, § 21; G.L. 1938, ch. 300, art. 2, § 21; P.L. 1941, ch. 1062, § 1; P.L. 1942, ch. 1194, § 1; P.L. 1950, ch. 2604, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-39. - Transportation costs for medical examination.

§ 28-33-39. Transportation costs for medical examination.
The reasonable costs of transportation to and from the office of any examiner requested by the employer or of any impartial examiner appointed as provided in § 28-33-35 shall be charged to the employer and, if paid for by the employee, he or she shall be reimbursed in full for this expenditure by his or her employer, upon presentation of a receipt or other evidence of expenditure. The reasonable cost of transportation that occurs on or after July 1, 2016, is the rate equal to the per-mile rate allowed by the Internal Revenue Service for use of a privately owned automobile for business miles driven, as from time to time amended, for a private motor vehicle or the reasonable cost incurred for transportation, from the employee’s point of departure, whether from the employee’s home or place of employment, and return.
History of Section.
G.L. 1938, ch. 300, art. 2, § 21; P.L. 1947, ch. 1943, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-39; P.L. 1968, ch. 135, § 1; P.L. 2016, ch. 470, § 2; P.L. 2016, ch. 473, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-33 - Workers’ Compensation — Benefits › Section 28-33-40. - [Repealed.]

§ 28-33-40. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 2, § 21; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-40; P.L. 1978, ch. 194, § 1; Repealed, effective September 1, 1982, by P.L. 1982, ch. 32, art. 1, § 5.