reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-25. - Disobedience of subpoena.

§ 28-35-25. Disobedience of subpoena.
Any person subpoenaed who willfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or imprisoned in the adult correctional institutions not longer than thirty (30) days. Each day a person shall so refuse or neglect shall constitute a separate offense.
History of Section.
G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 28-35-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-26. - Appointment of guardian.

§ 28-35-26. Appointment of guardian.
The workers’ compensation court may require the appointment of a guardian for any person who is mentally incompetent or a minor to act for and on behalf of that employee within the meaning of chapters 29 — 38 of this title.
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, §§ 3, 4; P.L. 1942, ch. 1236, § 1; P.L. 1947, ch. 1870, § 1; P.L. 1949, ch. 2368, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-26; 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 28-35-27. - Decision of controversies — Decree.

§ 28-35-27. Decision of controversies — Decree.
(a)
In any controversy over which the workers’ compensation court has jurisdiction pursuant to this chapter and § 45-21.2-9, any judge of that court shall, pursuant to §§ 28-35-11 — 28-35-28, and the rules of practice of the court, hear all questions of law and fact involved in the controversy and presented by any party in interest, and he or she shall within ten (10) days after the hearing, unless the parties otherwise agree, decide the merits of the controversy pursuant to the law and the fair preponderance of the evidence and the court shall immediately notify the parties.
(b)
Within seventy-two (72) hours of notice, exclusive of Saturdays, Sundays, and holidays, the judge shall enter a decree upon the decision, which shall contain findings of fact, but within that time any party may appear and present a form of decree for consideration.
History of Section.
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, §§ 3, 4; P.L. 1942, ch. 1236, § 1; P.L. 1947, ch. 1870, § 1; P.L. 1949, ch. 2368, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-27; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1984, ch. 142, art. 4, § 5; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2011, ch. 151, art. 12, § 5; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3; 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 28-35-28.1. - Reports of hearings — Transcripts.

§ 28-35-28.1. Reports of hearings — Transcripts.
(a)
Hearings reporters or electronic court reporters shall report, stenographically or electronically, the proceedings in the trial of every action or proceeding in the workers’ compensation court. Electronic court reporting shall be used only when hearings reporters are unavailable for any reason.
(b)
Each hearings reporter or electronic court reporter shall also, upon the order of any judge in the court, transcribe his or her report to be filed with the court. He or she shall also make a transcript of the whole or any part of that report upon request, filed with the court, by either party to the action or proceeding, and when completed and within the time limited by the court for filing the transcript, shall immediately deliver it to the party ordering it, or to the attorney of record of that party. For this service, the reporter shall be paid a reasonable compensation, not less than five dollars ($5.00), and not exceeding three dollars ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies of it, to be allowed by the court. If the transcript is used in subsequent proceedings in the cause, the cost of it may be allowed as a part of the costs.
History of Section.
P.L. 1980, ch. 307, § 1; P.L. 1985, ch. 174, § 2; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3; 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 28-35-29. - Review by supreme court — Procedure.

§ 28-35-29. Review by supreme court — Procedure.
(a)
Any person aggrieved by a final decree of the appellate division of the workers’ compensation court rendered pursuant to § 28-35-28 may, within twenty (20) days from the entry of the final decree, petition the supreme court for a writ of certiorari to review the decree on the grounds specified in § 28-35-30.
(b)
The petition for a writ of certiorari shall set forth the errors claimed.
(c)
Upon the filing of a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the workers’ compensation court to certify to the supreme court the record of proceedings before the appellate division, together with any additional record of the proceedings before the trial judge.
History of Section.
P.L. 1912, ch. 831, art. 3, § 7; P.L. 1921, ch. 2086, § 9; G.L. 1923, ch. 92, art. 3, § 7; G.L. 1938, ch. 300, art. 3, § 7; G.L. 1938, ch. 300, art. 3, § 6; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-29; P.L. 1972, ch. 169, § 29; P.L. 1984, ch. 162, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-30. - Grounds for review by supreme court.

§ 28-35-30. Grounds for review by supreme court.
(a)
Upon petition for certiorari, the supreme court may affirm, set aside, or modify any decree of the appellate commission of the workers’ compensation court only upon the following grounds:
(1)
That the workers’ compensation court acted without or in excess of its authority;
(2)
That the order, decree, or award was procured by fraud; or
(3)
That the appellate division erred on questions of law or equity, the petitioner first having had the petitioner’s objections noted to any adverse rulings made during the progress of the hearing at the time the rulings were made, if made in open hearing and not otherwise of record.
(b)
Review shall not be granted by the supreme court except as provided in this section, and the supreme court shall disregard any irregularity or error of the appellate division or trial judge unless it affirmatively appears that the petitioner was damaged by the irregularity or error.
History of Section.
G.L. 1938, ch. 300, art. 3, § 4; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-30; P.L. 1984, ch. 162, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-31. - Transcript on appeal.

§ 28-35-31. Transcript on appeal.
(a)
Upon the filing of reasons of appeal and transcript, the workers’ compensation court shall present the transcript to the judge who heard the cause, and in case of vacancy in office, or for any cause where the court is unable to present the transcript to the judge who heard the cause, then the transcript shall be presented to any other judge, and that other judge shall have full power to examine and pass upon and allow the transcript. The judge to whom the transcript has been presented shall, after examination, restore the transcript to the files with a certificate of his or her action.
(b)
Upon an appeal being taken and the transcript of the testimony as may be required being allowed and returned, the workers’ compensation court shall immediately certify the cause and all the papers of it to the supreme court.
(c)
In case of failure to allow and return the transcript within twenty (20) days from its filing a hearing may be had on the question of the correctness of the transcript before the workers’ compensation court.
History of Section.
P.L. 1912, ch. 31, art. 3, § 7; P.L. 1921, ch. 2086, § 9; G.L. 1923, ch. 92, art. 3, § 7; G.L. 1938, ch. 300, art. 3, § 7; G.L. 1938, ch. 300, art. 3, § 6; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-31; P.L. 1982, ch. 32, art. 1, § 10; 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 28-35-32. - Costs — Counsel and witness fees.

§ 28-35-32. Costs — Counsel and witness fees.
Notwithstanding any provisions of law to the contrary, the workers’ compensation court shall be allowed a filing fee of twenty dollars ($20.00) for the filing of a petition under chapters 29 — 38 of this title and a filing fee of twenty-five dollars ($25.00) for the filing of an appeal under § 28-35-28, which sums shall be deposited to provide additional funding to the uninsured employers fund as established by chapter 53 of this title. The workers’ compensation court may charge fees for certified copies of decrees and copies of transcripts. In addition to the fees set forth herein, the workers’ compensation court shall apply a technology surcharge on all petitions and appeals in accordance with § 8-15-11. In proceedings under this chapter, and in proceedings under chapter 37 of this title, costs shall be awarded, including counsel fees and fees for medical and other expert witnesses, including interpreters, to employees who successfully prosecute petitions for compensation; petitions for medical expenses; petitions to amend a preliminary order or memorandum of agreement; and all other employee petitions, except petitions for lump-sum commutation; and to employees who successfully defend, in whole or in part, proceedings seeking to reduce or terminate any and all workers’ compensation benefits; and to medical services providers who successfully prosecute petitions for the payment of medical expenses, except that medical services providers shall not be paid expert witness fees for testimony in support of petitions filed in their behalf. These costs shall be assessed against the employer by a single judge, by an appellate panel, and by the supreme court on appeal consistent with the services rendered before each tribunal and shall be made a part of the decree. No employee’s attorney shall accept any other or additional fees for his services for the particular petition for which the fees are awarded in each tribunal.
History of Section.
G.L. 1938, ch. 300, art. 3, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-32; P.L. 1958, ch. 128, § 1; P.L. 1961, ch. 134, § 1; P.L. 1969, ch. 45, § 1; P.L. 1969, ch. 226, § 1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1992, ch. 31, § 13; P.L. 1992, ch. 133, art. 37, § 4; P.L. 1993, ch. 474, § 2; P.L. 1996, ch. 100, art. 43, § 2; P.L. 2007, ch. 509, § 4; P.L. 2014, ch. 34, § 8; P.L. 2014, ch. 42, § 8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-33. - Finality of decree — Stay of decree.

§ 28-35-33. Finality of decree — Stay of decree.
Any decree entered by the workers’ compensation court acting within its powers shall, in the absence of fraud, be final, and shall take effect immediately upon being entered, and enforcement of the decree shall not be stayed pending appeal. If benefits have been ordered to be paid, reduced, discontinued, or suspended, the terms of the decree shall be followed until reversed. If compensation payments have been ordered by the workers’ compensation court, those payments shall be made and continued until reversal, and if payments have not been ordered and the decree is reversed, retroactive payments shall be made from the date provided for in the decision of the supreme court. Provided, that an employee shall not be required to make restitution to the employer for any benefits paid regardless of the outcome of the appeal.
History of Section.
G.L. 1938, ch. 300, art. 3, § 4; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-33; P.L. 1972, ch. 47, § 1; 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 28-35-34. - Default in appellate procedure.

§ 28-35-34. Default in appellate procedure.
As provided in this chapter, the claim of appeal shall not suspend the operation of the decree appealed from, but, in case of default in taking the procedure required, the workers’ compensation court upon motion of any party may proceed as if no claim of appeal had been made, unless it is made to appear to the workers’ compensation court that the default no longer exists.
History of Section.
P.L. 1912, ch. 831, art. 3, § 9; G.L. 1923, ch. 92, art. 3, § 8; G.L. 1938, ch. 300, art. 3, § 8; G.L. 1938, ch. 300, art. 3, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-34.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-35. - [Repealed.]

§ 28-35-35. [Repealed.]
History of Section.
P.L. 1912, ch. 831, art. 3, § 10; G.L. 1923, ch. 92, art. 3, § 9; G.L. 1938, ch. 300, art. 3, § 9; G.L. 1938, ch. 300, art. 3, § 8; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-35; Repealed by P.L. 2014, ch. 78, § 7, effective June 9, 2014; P.L. 2014, ch. 87, § 7, effective June 9, 2014.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-36. - Action by supreme court.

§ 28-35-36. Action by supreme court.
The supreme court after hearing any appeal shall determine the appeal, and affirm, reverse, or modify the decree appealed from, and may itself take, or cause to be taken by the workers’ compensation court, any further proceedings that shall seem just. If a new decree is necessary, it shall be framed by the supreme court for entry by the workers’ compensation court. At that time, the cause shall be remanded to the workers’ compensation court for any further proceedings that shall be required.
History of Section.
P.L. 1912, ch. 831, art. 3, § 11; G.L. 1923, ch. 92, art. 3, § 10; G.L. 1938, ch. 300, art. 3, § 10; G.L. 1938, ch. 300, art. 3, § 9; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-36.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-37. - Delay of process for execution of decree.

§ 28-35-37. Delay of process for execution of decree.
No process for the execution of any decree of the workers’ compensation court from which an appeal may be taken shall issue until the expiration of the appeal period, unless all parties against whom the decree is made, file with the court a waiver of appeal or by causing an entry thereof to be made on the docket.
History of Section.
P.L. 1912, ch. 831, art. 3, § 12; G.L. 1923, ch. 92, art. 3, § 11; G.L. 1938, ch. 300, art. 3, § 11; G.L. 1938, ch. 300, art. 3, § 10; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-37; P.L. 1982, ch. 32, art. 1, § 10; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3; 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 28-35-38. - Certification of questions to supreme court.

§ 28-35-38. Certification of questions to supreme court.
If, in the course of the proceedings in any cause, any question of law arises which in the opinion of the workers’ compensation court is of such doubt and importance, and so affects the merits of the controversy, that it ought to be determined by the supreme court before further proceedings, the workers’ compensation court may certify that question to the supreme court for that purpose, and stay all further proceedings except those that are necessary to preserve the rights of the parties.
History of Section.
P.L. 1912, ch. 831, art. 3, § 13; G.L. 1923, ch. 92, art. 3, § 12; G.L. 1938, ch. 300, art. 3, § 12; G.L. 1938, art. 3, § 11; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-39. - Payment of compensation.

§ 28-35-39. Payment of compensation.
Compensation under chapters 29 — 38 of this title shall be paid by check as defined in § 6A-3-104 and not by draft, or if mutually agreed upon by both the employee and the employer or employer’s insurer in accordance with § 28-35-40, by electronic fund transfer, or by electronic access device, at no cost to the employee, with the exception of any third-party transactional fees incurred by the employee and shall be paid promptly and directly to the person entitled to it. The check shall contain the following language: “I understand that endorsement hereon or deposit to my accounts constitutes my affirmation that I am receiving these workers’ compensation benefits pursuant to law, that I have made no false claims or statements or concealed any material fact, in order to receive these benefits and that doing so would make me liable for civil and criminal penalties, including jail.” If paid by electronic fund transfer or by electronic access device, the notice shall be satisfied in accordance with § 28-33-17.2(c)(2). The insurer/employer and/or its third-party administrator shall not have, or be entitled to gain, access to the details of electronic transactions without the express written consent of the employee or court order from a court of competent jurisdiction.
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-39; P.L. 1984, ch. 142, art. 4, § 1; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1992, ch. 31, § 13; P.L. 1993, ch. 119, § 2; P.L. 2015, ch. 104, § 3; P.L. 2015, ch. 116, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-40. - Delivery of weekly compensation.

§ 28-35-40. Delivery of weekly compensation.
Whenever the employee is entitled to weekly compensation under chapters 29 — 38 of this title, the employer, and/or insurance carrier, until further order of the workers’ compensation court, shall cause to be paid by electronic fund transfer; or issued as an electronic access device; or mailed first-class mail to the employee, addressed to his or her last known residence; each week the amount of compensation payable to the employee as it may be due. Electronic fund transfer payments or issuance of an electronic access device shall be permitted if mutually agreed upon by the employee and the employer or its insurer on forms provided by the department of labor and training, which may be rescinded at will by either party on forms provided by the department of labor and training and filed with the department.
History of Section.
G.L. 1938, ch. 300, art. 2, § 11; P.L. 1952, ch. 2992, § 1; G.L., ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-40; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 2015, ch. 104, § 3; P.L. 2015, ch. 116, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-41. - Time for payment or notification to employee of controverted question.

§ 28-35-41. Time for payment or notification to employee of controverted question.
For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after the employer has notice of an injury or death as provided in chapters 29 — 38 of this title and has received the initial medical report referred to in § 28-33-8, the employer or employer’s insurer shall either immediately begin the payment of compensation, or advise the director and the employee or his or her representative that the right to benefits under those chapters is controverted. In the event that the employer or the employer’s insurer does not immediately begin the payment of compensation to the employee, or does not notify the director and the employee that the right to benefits under those chapters is controverted, within the time prescribed by this section, the employer or employer’s insurer may be required to pay to an employee who successfully prosecutes a petition for workers’ compensation an additional fifty dollars ($50.00), which is to be awarded to that employee by the workers’ compensation court in its discretion and added to his or her first week’s compensation.
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-41; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 1, § 8; 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 28-35-42. - Penalty for delinquency in payment.

§ 28-35-42. Penalty for delinquency in payment.
If any payment of compensation is not paid within fourteen (14) days after it becomes due, there shall be added to that unpaid payment an amount equal to ten percent (10%) of it, which shall be paid at the same time as, but in addition to, that payment, unless the nonpayment is excused by the workers’ compensation court after a showing by the employer or the employer’s insurer that, owing to conditions over which he or she had no control, the payment could not be paid within the period prescribed for the payment. However, if within one year next preceding the due date of any payment that is not paid within fourteen (14) days after it becomes due, two (2) or more payments payable under the terms of the agreement have not been paid within fourteen (14) days after those payments have become due, it shall be conclusively presumed that the failure of the employer to make the instant payment was owing to conditions over which the employer had control.
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-42; P.L. 1963, ch. 129, § 1; 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 28-35-43. - Time payments due under order or decree — Penalty for delinquency.

§ 28-35-43. Time payments due under order or decree — Penalty for delinquency.
Payment of compensation under a decision of the court becomes due upon the effective date of the order and weekly thereafter on the same day. If any payment payable under the terms of an order or decree is not paid within fourteen (14) days after it becomes due there shall be added to that unpaid payment an amount equal to twenty percent (20%) thereof, which shall be paid at the same time as, but in addition to, that compensation unless the nonpayment is excused by the workers’ compensation court after a showing by the employer or insurer that, owing to conditions over which they had no control, the payment could not be paid within the period prescribed for payment. However, if within one year next preceding the due date of any payment not paid within fourteen (14) days after it becomes due, two (2) or more payments payable under the terms of the order or decree have not been paid within fourteen (14) days after the payments have become due, it shall be conclusively presumed that the failure of the employer to make the instant payment was owing to conditions over which the employer had control. Any order or decree of the workers’ compensation court shall be enforceable by suitable action or proceeding brought by either of the parties to it before the 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 order or decree.
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-43; P.L. 1963, ch. 130, § 1; 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 28-35-44. - Monthly or quarterly payments to nonresidents.

§ 28-35-44. Monthly or quarterly payments to nonresidents.
If an employee receiving a weekly payment under chapters 29 — 38 of this title ceases to reside in the state, or if his or her residence at the time of accident is in an adjoining state, the workers’ compensation court, upon the application of either party, may, in its discretion, having regard to the welfare of the employee and the convenience of the employer, order that payment to be made monthly or quarterly instead of weekly.
History of Section.
P.L. 1912, ch. 831, art. 3, § 19; G.L. 1923, ch. 92, art. 3, § 18; G.L. 1938, ch. 300, art. 3, § 18; G.L. 1938, ch. 300, art. 3, § 16; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-44; 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 28-35-45. - Review and modification of decrees.

§ 28-35-45. Review and modification of decrees.
(a)
At any time after the date of the approval of any agreement or at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased under the agreement or decree, within ten (10) years after that, any agreement, award, order, finding, or decree may be from time to time reviewed by the workers’ compensation court, upon its own motion or upon a petition of either party upon forms prescribed by the court, after due notice to the interested parties:
(1)
Upon the ground that the:
(i)
Incapacity of the injured employee has diminished, ended, increased, or returned;
(ii)
Employee has recovered from the effects of his or her work-related injury and is disabled only as a result of a preexisting condition;
(iii)
Employee is able to return to the same work he or she performed at the time of his or her injury;
(iv)
Employee has refused an offer of suitable employment; or
(v)
Weekly compensation payments have been based upon an erroneous average weekly wage; or
(2)
Regarding any other obligation established under chapters 29 — 38 of this title.
(b)
Upon this review, the workers’ compensation court may decrease, suspend, increase, commence, or recommence compensation payments in accordance with the facts, or make any other order that the justice of the case may require. No review shall affect the agreement, award, order, finding, or decree as regards money already paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and except that if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of injury, and any payments made prior thereto in excess of the decreased rate shall be deducted from any unpaid compensation, in the manner and by the methods that may be determined by the workers’ compensation court.
(c)
Relief on review shall not be denied an employee or granted an employer or his or her insurer on the grounds that the employee is incapacitated by an injury or disease that is different from the one for which the employee was paid compensation if the injury or disease incapacitating the employee results from an injury or disease for which the employee was paid compensation.
History of Section.
P.L. 1912, ch. 831, art. 3, § 14; P.L. 1921, ch. 2095, § 8; G.L. 1923, ch. 92, art. 3, § 13; P.L. 1935, ch. 2204, § 1; P.L. 1936, ch. 2290, § 13; G.L. 1938, ch. 300, art. 3, § 13; P.L. 1941, ch. 1064, § 1; P.L. 1949, ch. 2274, § 1; G.L. 1949, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-45; 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 28-35-46. - [Repealed.]

§ 28-35-46. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L 1954, ch. 3297, § 1; G.L. 1956, § 28-35-46; P.L. 1958, ch. 120, § 1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 430, § 1; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 322, art. 1, § 5; P.L. 1992, ch. 31, § 13; P.L. 1998, ch. 105, § 3; P.L. 1998, ch. 404, § 3; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-46.1. - Termination of payment — Accounting.

§ 28-35-46.1. Termination of payment — Accounting.
Within sixty (60) days after the discontinuance or suspension of compensation payments under § 28-33-18(d), the employer and/or insurer shall file with the director of labor and training, with a copy to the employee and his or her attorney, and also to the employer if filed by the insurer, an itemized statement of the total amount of compensation, medical expenses, and other expenses paid to or on behalf of the employee. This itemized statement shall be on a form prepared by the director of labor and training for that purpose.
History of Section.
P.L. 1991, ch. 254, § 1; P.L. 1995, ch. 323, § 12; P.L. 2003, ch. 388, § 4; P.L. 2003, ch. 395, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-47. - [Repealed.]

§ 28-35-47. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-47; P.L. 1958, ch. 117, § 1; P.L. 1992, ch. 31, § 13; P.L. 1993, ch. 474, § 2; P.L. 1998, ch. 105, § 3; P.L. 1998, ch. 404, § 3; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-48. - [Repealed.]

§ 28-35-48. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-48; P.L. 1992, ch. 31, § 13; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-49. - [Repealed.]

§ 28-35-49. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-49; P.L. 1992, ch. 31, § 13; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-50. - [Repealed.]

§ 28-35-50. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-50; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-51. - [Repealed.]

§ 28-35-51. [Repealed.]
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-51; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1992, ch. 31, § 13; Repealed by P.L. 2019, ch. 218, § 3, effective July 15, 2019; P.L. 2019, ch. 248, § 3, effective July 15, 2019.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-53. - Payment when due as condition to relief to employer.

§ 28-35-53. Payment when due as condition to relief to employer.
The employer shall not be entitled to any relief granted by §§ 28-35-39 — 28-35-52 if payments in accordance with the existing agreement or decree are not paid in full to the date of the filing of the petition or notice, or the date of the hearing before the commission, or if payments are not made in accordance with the terms of chapters 29 — 38 of this title.
History of Section.
G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-53.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-54. - Certification of papers to court.

§ 28-35-54. Certification of papers to court.
Whenever the director certifies to the workers’ compensation court papers, agreements, and documents in any proceedings as are provided in chapters 29 — 38 of this title, he or she shall certify them to the workers’ compensation court.
History of Section.
G.L. 1938, ch. 300, art. 3, § 13; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-54; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; 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 28-35-55. - Filing day or required act falling on weekend or holiday.

§ 28-35-55. Filing day or required act falling on weekend or holiday.
Whenever, under chapters 29 — 38 of this title, the day, or the last day, for the filing with the workers’ compensation court, of any original petition or other petition, motion, decree, claim of appeal, reasons of appeal, brief, or other document, or for the doing of any act required or permitted to be done by those chapters, falls on Saturday, Sunday, or a legal holiday, the act or filing may be done on the next succeeding business day.
History of Section.
G.L. 1938, ch. 300, art. 3, § 15; P.L. 1956, ch. 3723, § 1; G.L. 1956, § 28-35-55; P.L. 1982, ch. 32, art. 1, § 10; 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 28-35-56. - Effect of death of petitioner.

§ 28-35-56. Effect of death of petitioner.
No proceedings under chapters 29 — 38 of this title shall abate because of the death of the petitioner, but may be prosecuted by his or her legal representative or by any person entitled to compensation by reason of his or her death under those chapters.
History of Section.
P.L. 1912, ch. 831, art. 3, § 17; G.L. 1923, ch. 92, art. 3, § 16; G.L. 1938, ch. 300, art. 3, § 16; G.L. 1938, ch. 300, art. 3, § 14; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-56.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-57. - Limitation of claims for compensation.

§ 28-35-57. Limitation of claims for compensation.
(a)
An employee’s claim for compensation under chapters 29 — 38 of this title shall be barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has been filed within two (2) years after the occurrence or manifestation of the injury or incapacity, or in case of the death of the employee, or in the event of his or her physical or mental incapacity, within two (2) years after the death of the employee or the removal of the physical or mental incapacity.
(b)
The time for filing shall not begin to run in cases of latent or undiscovered physical or mental impairment due to injury including disease until:
(1)
The person claiming benefits knew, or by exercise of reasonable diligence should have known, of the existence of the impairment and its causal relationship to his or her employment; or
(2)
After disablement, whichever is later.
(c)
In any case in which weekly compensation benefits have been paid, pursuant to § 28-35-8, in which the employer or insurer has failed to file the required notices, the claimant’s right to file a petition for compensation benefits shall be preserved without time limitation.
History of Section.
P.L. 1912, ch. 831, art. 3, § 18; G.L. 1923, ch. 92, art. 3, § 17; P.L. 1936, ch. 2290, § 14; P.L. 1936, ch. 2358, § 3; G.L. 1938, ch. 300, art. 3, § 17; G.L. 1938, ch. 300, art. 3, § 15; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-57; P.L. 1960, ch. 94, § 1; P.L. 1978, ch. 232, § 2; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, § 13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-57.1. - Bar of claims.

§ 28-35-57.1. Bar of claims.
An employee’s claim for compensation from an employer under chapters 29 to 38 of this title shall be barred from the date the employee commences employment for a period of two (2) years in the event the employee has willfully provided false information as to his or her ability to perform the essential functions of the job, with or without reasonable accommodations, on an employment application requesting that information, if the information is directly related to the personal injury that is the basis of the new claim for compensation. This section shall not apply unless the employment application advises the employee of the substance of this section. Nothing in this section shall exempt any employer from or excuse full compliance with any applicable provisions of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and chapter 87 of title 42.
History of Section.
P.L. 1984, ch. 142, art. 4, § 2; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1992, ch. 31, § 13; P.L. 1992, ch. 100, § 1; P.L. 1993, ch. 12, § 1; P.L. 1993, ch. 422, § 1; P.L. 1994, ch. 14, § 7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-59. - [Repealed.]

§ 28-35-59. [Repealed.]
History of Section.
P.L. 1912, ch. 831, art. 3, § 22; P.L. 1913, ch. 936, § 1; G.L. 1923, ch. 92, art. 3, § 21; G.L. 1938, ch. 300, art. 3, § 21; G.L. 1938, ch. 300, art. 3, § 19; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-59; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; Repealed by P.L. 2013, ch. 445, § 5, effective July 16, 2013; P.L. 2013, ch. 475, § 5, effective July 16, 2013.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-60. - Copies of decisions and decrees to director.

§ 28-35-60. Copies of decisions and decrees to director.
Copies of decisions, opinions, rescripts, and decrees, when issued by the workers’ compensation court and supreme court involving workers’ compensation cases, shall be promptly sent by the administrator to the director.
History of Section.
G.L. 1938, ch. 300, art. 3, § 22; P.L. 1941, ch. 1058, § 1; G.L. 1941, ch. 300, art. 3, § 20; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-60; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1993, ch. 328, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-61. - Decrees procured by fraud.

§ 28-35-61. Decrees procured by fraud.
(a)
The workers’ compensation court may, upon petition of an employee, the dependents of a deceased employee, an employer, an insurance carrier, or any other party in interest, vacate, modify, or amend any final decree entered within a period of six (6) months of the date such decree was entered, either by a single judge or by the full court, if it appears that the decree:
(1)
Has been procured by fraud; or
(2)
Does not accurately and completely set forth and describe the nature and location of all injuries sustained by the employee.
(b)
The petition shall be served in the same manner as is provided for in chapters 29 — 38 of this title for all other petitions.
(c)
The workers’ compensation court shall hear any and all petitions and make its decision in accordance with those chapters.
History of Section.
P.L. 1958, ch. 122, § 1; 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 28-35-62. - Reproduction of documents.

§ 28-35-62. Reproduction of documents.
(a)
Reproduction of documents, papers, or records docketed, filed, or in the custody of the department by photograph, photocopy, photostat, or similar process shall in all respects and for all purposes be equivalent to and have the same effect and force as the documents, papers, or records docketed, filed, or in the custody of the department.
(b)
A reasonable charge may be collected for reproductions and certification.
History of Section.
P.L. 1960, ch. 178, § 1; P.L. 1985, ch. 365, § 8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-35 - Workers’ Compensation — Procedure › Section 28-35-63. - Representation of employers.

§ 28-35-63. Representation of employers.
Notwithstanding any other provision of law, in any proceeding before the workers’ compensation court an employer may be represented by an attorney at law or by any officer or employee of the employer who has been specifically registered by the employer with the permission of the court as a representative of the employer for those proceedings.
History of Section.
P.L. 1984, ch. 142, art. 4, § 3; P.L. 1984 (s.s.), ch. 450, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-1.1. - [Repealed.]

§ 28-36-1.1. [Repealed.]
History of Section.
P.L. 1980, ch. 40, § 1; Repealed, effective May 6, 1982, by P.L. 1982, ch. 32, art. 3, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-2. - Certificate of compliance by employer.

§ 28-36-2. Certificate of compliance by employer.
(a)
Whenever an employer has complied with the requirements of § 28-36-1(a)(2) or (a)(3), and with any other reasonable requirements that the director shall make, the director shall issue to the employer a certificate, which shall remain in force for a period fixed by the director, but no longer than one year, and the director may, upon at least sixty (60) days’ notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for the revocation having been presented. Every employer who or that has been certified pursuant to the requirements of § 28-36-1 and this section, must apply for renewal of its certificate annually, within sixty (60) days prior to the expiration of its current certificate. To qualify for renewal of its certificate, the employer must demonstrate continued compliance with § 28-36-1(a)(2) or (a)(3) and any other reasonable requirements the director may impose at the time of renewal. Upon proof of compliance the director shall issue to the employer a new certificate.
(b)
Failure to comply with the requirements pertaining to the renewal process or failure to provide any required data on a renewal application prior to renewal date shall automatically act as nonrenewal. Renewal is not automatic, but must be applied for and processed by the department of labor and training as stipulated in rules and regulations in force. Only when revocation of a certificate is to be made prior to the expiration date, shall a hearing be granted on a revocation process.
History of Section.
G.L. 1938, ch. 300, art. 5, § 1; P.L. 1941, ch. 1063, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-36-2; P.L. 1991, ch. 206, § 6; P.L. 1992, ch. 69, § 1; P.L. 1993, ch. 271, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-3. - Appeal of unreasonable demands.

§ 28-36-3. Appeal of unreasonable demands.
Any party aggrieved by any unreasonable requirement or demand made by the director, pursuant to this chapter may appeal to the workers’ compensation court, and § 28-36-10 shall not apply while the appeal is pending.
History of Section.
G.L. 1938, ch. 300, art. 5, § 1; P.L. 1941, ch. 1063, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-36-3; P.L. 1986, ch. 507, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-4. - Notice of jurisdiction and effect of orders and decrees.

§ 28-36-4. Notice of jurisdiction and effect of orders and decrees.
Every policy subsequently written insuring the payment of compensation under chapters 29 — 38 of this title shall contain provisions to the effect that as between the employee and the insurer notice to and knowledge of the occurrence of injury on the part of the employer shall be deemed notice and knowledge on the part of the insurer that:
(1)
Jurisdiction of the employer for the purposes of those chapters shall be jurisdiction of the insurer; and
(2)
The insurer shall in all things be bound by and subject to the determinations, findings, judgments, orders, and decrees rendered against the employer for the payment of compensation under those chapters.
History of Section.
P.L. 1912, ch. 831, art. 5, § 2; P.L. 1915, ch. 1268, § 1; G.L. 1923, ch. 92, art. 5, § 2; G.L. 1938, ch. 300, art. 5, § 2; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-36-4; P.L. 1986, ch. 507, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-5. - Policy provisions as to liability of employer and insurer.

§ 28-36-5. Policy provisions as to liability of employer and insurer.
Every policy shall cover the entire liability of the employer under chapters 29 — 38 of this title, except for appeals from an order of the retirement board filed pursuant to the provisions of § 45-21.2-9, and shall contain an agreement by the insurer to the effect that the insurer shall be directly and primarily liable to the employee and, in the event of his or her death, to his or her dependents, to pay to him, her, or them the compensation, if any, for which the employer is liable.
History of Section.
P.L. 1912, ch. 831, art. 5, § 3; P.L. 1915, ch. 1268, § 1; G.L. 1923, ch. 92, art. 5, § 3; G.L. 1938, ch. 300, art. 5, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-36-5; P.L. 2011, ch. 151, art. 12, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-36 - Workers’ Compensation — Insurance › Section 28-36-6. - Employee’s lien on insurer’s liability — Direct payment in event of insolvency.

§ 28-36-6. Employee’s lien on insurer’s liability — Direct payment in event of insolvency.
Every policy shall also provide that the employee or, in the event of his or her death, his or her dependents, shall have a first lien upon any amount that shall become owing on account of that policy to the employer from the insurer because of any personal injury, as defined in § 28-33-1, to that employee, and that in case of the legal incapacity or inability of the employer to receive the amount and pay it over to the employee or his or her dependents, the insurer may and shall pay the amount directly to the employee or his or her dependents, thereby discharging to the extent of that payment the obligation of the employer to the employee or his or her dependents. No policy shall contain any provisions relieving the insurer from payment because of the employer’s inability to pay on account of insolvency, bankruptcy, or otherwise, during the period that the policy is in force or the compensation remains owing.
History of Section.
P.L. 1912, ch. 831, art. 5, § 4; P.L. 1915, ch. 1268, § 1; G.L. 1923, ch. 92, art. 5, § 4; G.L. 1938, ch. 300, art. 5, § 4; P.L. 1949, ch. 2282, § 4; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-36-6.