2013 -- S 0228

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LC00694

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION -

BENEFITS

     Introduced By: Senator Roger Picard

     Date Introduced: February 06, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-33-20.1 of the General Laws in Chapter 28-33 entitled

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"Workers' Compensation - Benefits" is hereby amended to read as follows:

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     28-33-20.1. Computation of earnings for recurrence -- Burden of employee to

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establish recurrence. -- (a) In the event a person collecting benefits under this chapter,

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regardless of the date of injury, has returned to employment for a period of twenty-six (26) weeks

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or more and suffers a recurrence of the injury which precipitated the person collecting benefits

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under this chapter, the average weekly wage shall be ascertained by dividing the gross wages

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earned by the injured worker in employment by the employer in whose service he or she is

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injured during the thirteen (13) calendar weeks immediately preceding the week in which he or

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she suffered the recurrence, by the number of calendar weeks during which, or any portion of

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which, the worker was actually employed by that employer. In making this computation, absence

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for seven (7) consecutive calendar days, although not in the same calendar week, shall be

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considered as absence for a calendar week.

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      (b) For all petitions filed to prove recurrence or decrease of incapacity to work,

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regardless of the date of injury, the employee must document that the incapacity has increased or

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returned without the need for the employee neither party shall be required to document a

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comparative change of condition.

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     SECTION 2. This act shall take effect upon passage.

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LC00694

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION -

BENEFITS

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     This act would relieve the employee from the burden, when seeking to prove a recurrence

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of a work-related incapacity to work and the need to document a comparative change of medical

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condition.

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     This act would take effect upon passage.

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LC00694

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