2014 -- H 8282 | |
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LC005804 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION - | |
GENERAL PROVISIONS | |
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Introduced By: Representatives Shekarchi, Guthrie, Slater, and Amore | |
Date Introduced: June 05, 2014 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-29-26 of the General Laws in Chapter 28-29 entitled "Workers' |
2 | Compensation - General Provisions" is hereby amended to read as follows: |
3 | 28-29-26. Supervision of enforcement. -- (a) Department of labor and training. The |
4 | director as provided for in chapters 29 – 38 of this title, and chapter 53 of this title and chapter |
5 | 16.1 of title 42, shall have supervision over the enforcement of the provisions of those chapters, |
6 | and the director shall have the power and authority to adopt and enforce all reasonable rules, |
7 | regulations, and orders necessary and suitable to the administration of the department's |
8 | responsibilities as described in those chapters. |
9 | (b) Workers' compensation court. The workers' compensation court, as provided for in |
10 | chapters 29 – 38 of this title, shall have supervision over the enforcement of the provisions of the |
11 | chapters, and shall have the power and authority to adopt and enforce all reasonable rules, |
12 | regulations, and orders necessary and suitable to the administration of its responsibilities |
13 | described in the chapters. In addition to the foregoing, the court shall have the power and |
14 | authority to hear and decide appeals from the retirement board in accordance with Rhode Island |
15 | general law § 45-21.2-9. The court shall remain judicially and administratively independent. The |
16 | Workers' compensation court shall have original jurisdiction over all civil actions filed pursuant |
17 | to §§ 28-36-15 and 28-37-28 and pursuant to the provisions of chapter 53 of this title. |
18 | (2) Any petition arising from any dispute regardless of date of injury, unless specifically |
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1 | excepted, shall be filed with the administrator of the workers' compensation court in accordance |
2 | with chapter 35 of this title and the rules of practice any rules and regulations promulgated by the |
3 | workers' compensation court. |
4 | (3) The enactment of this subsection shall not affect the rights of the parties established |
5 | by any existing memorandum of agreement, suspension agreement and receipt, preliminary |
6 | determination of the department of workers' compensation, order or decree, or any existing right |
7 | to the payment of compensation acquired pursuant to § 28-29-6 or 28-35-9. |
8 | SECTION 2. Sections 28-30-7, 28-30-13, 28-30-15, 28-30-15.1, 28-30-15.2 and 28-30- |
9 | 16.3 of the General Laws in Chapter 28-30 entitled "Workers' Compensation Court" are hereby |
10 | amended to read as follows: |
11 | 28-30-7. Clerical assistance to administrator. -- The administrator, with the approval of |
12 | the chief judge of the workers' compensation court, may employ any clerical assistance that he or |
13 | she may require for copying, recording, indexing, and attending upon the files of the court. ,The |
14 | administrator, with the approval of the chief judge, shall and may appoint the following |
15 | additional support staff as necessary.: two (2) court secretaries, three (3) hearings reporters, five |
16 | (5) assistant administrator/clerks, two (2) clerk secretaries, and two (2) data entry clerks. The |
17 | compensation for the additional staff created by this section shall be provided from the workers' |
18 | compensation administrative fund established by § 28-37-1. |
19 | 28-30-13. Controversies submitted to court. -- (a) Any controversy over which the |
20 | workers' compensation court has jurisdiction in accordance with chapters 29 - 38 and chapter 53 |
21 | of this title, including compensation, reasonableness of medical and hospital bills, degree of |
22 | functional impairment and/or disability, a dispute between an insurance carrier and an employer |
23 | under a workers' compensation insurance contract, except disputes under the jurisdiction of the |
24 | workers' compensation appeals board established pursuant to § 27-9-29, failure of an employer to |
25 | secure the payment of compensation under chapters 29 - 38 and chapter 53 of this title and any |
26 | controversy in which the state or any of its political subdivisions is a party, and appeals from an |
27 | order of the retirement board pursuant to Rhode Island general law § 45- 21.2-9 shall be |
28 | submitted to the court in the manner provided in chapters 33 and 35 of this title. |
29 | (b) Disputes between an insurance carrier and an employer under a workers' |
30 | compensation insurance contract shall not be subject to a pretrial conference in accordance with § |
31 | 28-35-20, but shall be assigned consistent with the rules of practice and regulations of the |
32 | workers' compensation court. |
33 | 28-30-15. Retirement of judges engaged on or before July 2, 1997, on reduced pay. -- |
34 | (a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers' |
| LC005804 - Page 2 of 32 |
1 | compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the |
2 | age of sixty-five (65) years, he or she may retire from active service and subsequently he or she |
3 | shall receive annually during life a sum equal to three-fourths (3/4) of the annual salary that he or |
4 | she was receiving at the time of retirement. In determining eligibility under this section, any |
5 | judge who has served as a general officer may include that service as if that service had been on |
6 | the workers' compensation court. Whenever a judge or magistrate shall be granted a leave of |
7 | absence without pay, such absence shall not be credited towards active service time for the |
8 | purposes of retirement. |
9 | (b) Any judge who retires in accordance with the provisions of this section may at his or |
10 | her own request and at the direction of the chief justice of the supreme court, subject to the |
11 | retiree's physical and mental competence, be assigned to perform any services that a judge on the |
12 | workers' compensation court as the chief judge prescribes. When so assigned and performing |
13 | those services, he or she shall have all the powers and authority of a judge. A retired judge shall |
14 | not be counted in the number of judges provided by law for the workers' compensation court. |
15 | Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence |
16 | shall not be credited towards active service time for the purposes of retirement. |
17 | 28-30-15.1. Retirement of judges engaged after July 2, 1997. -- (a) Whenever any |
18 | person first engaged as a judge: |
19 | (1) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a workers' |
20 | compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the |
21 | age of sixty-five (65) years, he or she may retire from active service and subsequently he or she |
22 | shall receive annually during life a sum equal to three-fourths (3/4) of his or her average highest |
23 | three (3) consecutive years of compensation; |
24 | (2) On or after January 1, 2009 and prior to July 1, 2009, has served as a workers' |
25 | compensation judge for twenty (20) years or has so served for ten (10) years and reached the age |
26 | of sixty-five (65) years, he or she may retire from active service and subsequently he or she shall |
27 | receive annually during life a sum equal to seventy percent (70%) of his or her average highest |
28 | three (3) consecutive years or compensation. |
29 | (3) On or after July 1, 2009, has served as a workers' compensation judge for twenty (20) |
30 | years, or has served for ten (10) years, and reached the age of sixty-five (65) years, he or she may |
31 | retire from regular active service and thereafter said justice shall receive annually during his or |
32 | her life a sum equal to sixty-five (65%) percent of his or her average highest five (5) consecutive |
33 | years of compensation. |
34 | (b) In determining eligibility under this section, any judge who has served as a general |
| LC005804 - Page 3 of 32 |
1 | officer may include that service as if that service had been on the workers' compensation court. |
2 | Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence |
3 | shall not be credited towards active service time for the purposes of retirement. |
4 | (c) Any judge who retires in accordance with the provisions of this section may at his or |
5 | her own request and at the direction of the chief justice of the supreme court subject to the |
6 | retiree's physical and mental competence, be assigned to perform those services that a judge on |
7 | the workers' compensation court as the chief judge prescribes. When so assigned and performing |
8 | those services, he or she shall have all the powers and authority of a judge. A retired judge shall |
9 | not be counted in the number of judges provided by law for the workers' compensation court. |
10 | 28-30-15.2. No incremental retirement benefit for temporary service as chief justice, |
11 | presiding justice or chief judge retired pursuant to section 28-30-15 or 28-30-15.1. -- No |
12 | incremental retirement benefit for temporary service as chief justice, presiding justice or |
13 | chief judge retired pursuant to § 28-30-15 or § 28-30-15.1. -- No increment in salary resulting |
14 | from the application of personnel rule 4.0217 or any other or successor rule or regulation |
15 | providing for an increment in salary for temporary service as chief justice, presiding justice or |
16 | chief judge shall be construed to add to the annual salary of a judicial officer for purposes of |
17 | retirement under § 28-30-15 or § 28-30-15.1. |
18 | 28-30-16.3. No incremental retirement benefit for temporary service as chief justice, |
19 | presiding justice or chief judge retired pursuant to section 28-30-16 or 28-30-16.2. -- No |
20 | incremental retirement benefit for temporary service as chief justice, presiding justice or |
21 | chief judge retired pursuant to section § 28-30-16 or § 28-30-16.2. – No increment in salary |
22 | resulting from the application of personnel rule 4.0217 or any other or successor rule or |
23 | regulation providing for an increment in salary for temporary service as chief justice, presiding |
24 | justice or chief judge shall be construed to add to the annual salary of a judicial officer for |
25 | purposes of retirement under § 28-30-16 or § 28-30-16.2. |
26 | SECTION 3. Sections 28-30-8 and 28-30-14 of the General Laws in Chapter 28-30 |
27 | entitled "Workers' Compensation Court" are hereby repealed. |
28 | 28-30-8. Declaration of vacancy in office. -- Whenever a workers' compensation judge |
29 | or the administrator neglects, is unable to serve, or becomes disqualified to serve because of |
30 | malfeasance in office or otherwise, the governor, with the advice and consent of the senate, may |
31 | after a hearing declare vacant the office of the judge or administrator. |
32 | 28-30-14. Clerk/secretary in unclassified service. -- The clerk/secretary of the workers' |
33 | compensation court shall be in the unclassified status of state employment. |
34 | SECTION 4. Section 28-32-2 of the General Laws in Chapter 28-32 entitled "Workers' |
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1 | Compensation-Report of Injuries" is hereby amended to read as follows: |
2 | 28-32-2. Penalty for failure to report. -- (a) Any employer who refuses or neglects to |
3 | make the reports required by the provisions of § 28-32-1 may be assessed a penalty of two |
4 | hundred fifty dollars ($250) by the director for each refusal or neglect to make a report. |
5 | (b) The district court for the county of Providence workers' compensation court shall |
6 | have jurisdiction to enforce compliance with any order of the director made pursuant to this |
7 | section. The director, in his or her discretion, may bring a civil action to collect all penalties |
8 | assessed. |
9 | (c) All penalties collected pursuant to this section shall be deposited in the general fund. |
10 | SECTION 5. Sections 28-33-8, 28-33-9, 28-33-17, 28-33-17.3, 28-33-18.3, 28-33-34.1, |
11 | 28-33-35, 28-33-37 and 28-33-43 of the General Laws in Chapter 28-33 entitled "Workers' |
12 | Compensation - Benefits" are hereby amended to read as follows: |
13 | 28-33-8. Employee's choice of physician, dentist, or hospital -- Payment of charges -- |
14 | Physician reporting schedule. -- (a) (1) An injured employee shall have freedom of choice to |
15 | obtain health care, diagnosis, and treatment from any qualified health care provider initially. The |
16 | initial health care provider of record may, without prior approval, refer the injured employee to |
17 | any qualified specialist for independent consultation or assessment, or specified treatment. If the |
18 | insurer or self-insured employer has a preferred provider network approved and kept on record by |
19 | the medical advisory board, any change by the employee from the initial health care provider of |
20 | record shall only be to a health care provider listed in the approved preferred provider network; |
21 | provided, however, that any contract proffered or maintained which restricts or limits the health |
22 | care provider's ability to make referrals pursuant to the provisions of this section, restricts the |
23 | injured employee's first choice of health care provider, substitutes or overrules the treatment |
24 | protocols maintained by the medical advisory board or attempts to evade or limit the jurisdiction |
25 | of the workers' compensation court shall be void as against public policy. If the employee seeks |
26 | to change to a health care provider not in the approved preferred provider network, the employee |
27 | must obtain the approval of the insurer or self-insured employer. Nothing contained in this |
28 | section shall prevent the treatment, care, or rehabilitation of an employee by more than one |
29 | physician, dentist, or hospital. The employee's first visit to any facility providing emergency care |
30 | or to a physician or medical facility under contract with or agreement with the employer or |
31 | insurer to provide priority care shall not constitute the employee's initial choice to obtain health |
32 | care, diagnosis or treatment. |
33 | (2) In addition to the treatment of qualified health care providers, the employee shall have |
34 | the freedom to obtain a rehabilitation evaluation by a rehabilitation counselor certified by the |
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1 | director pursuant to § 28-33-41 in cases where the employee has received compensation for a |
2 | period of more than three (3) months, and the employer shall pay the reasonable fees incurred by |
3 | the rehabilitation counselor for the initial assessment. |
4 | (b) Within three (3) days of an initial visit following an injury, the health care provider |
5 | shall provide to the insurer or self-insured employer, and the employee and his or her attorney a |
6 | notification of compensable injury form to be approved by the administrator of the medical |
7 | advisory board. Within three (3) days of the injured employee's release or discharge, return to |
8 | work, and/or recovery from an injury covered by chapters 29 - 38 of this title, the health care |
9 | provider shall provide a notice of release to the insurer or self-insured employer and the employee |
10 | and his or her attorney on a form approved by the division. A twenty dollar ($20.00) fee may be |
11 | charged by the health care provider to the insurer or self-insured employer for the notification of |
12 | compensable injury forms or notice of release forms or for affidavits filed pursuant to subsection |
13 | (c) of this section, but only if filed in a timely manner. No claim for care or treatment by a |
14 | physician, dentist, or hospital chosen by an employee shall be valid and enforceable as against his |
15 | or her employer, the employer's insurer, or the employee, unless the physician, dentist, or hospital |
16 | gives written notice of the employee's choice to the employer/insurance carrier within fifteen (15) |
17 | days after the beginning of the services or treatment. The health care provider shall in writing |
18 | submit present to the employer or insurance carrier an itemized bill and report for the services or |
19 | treatment and a final itemized bill for all unpaid services or treatment within three (3) months |
20 | after the conclusion of the treatment. The employee shall not be personally liable to pay any |
21 | physician, dentist, or hospital bills in cases where the physician, dentist, or hospital has forfeited |
22 | the right to be paid by the employer or insurance carrier because of noncompliance with this |
23 | section. |
24 | (c) (1) At six (6) weeks from the date of injury, then every twelve (12) weeks thereafter |
25 | until maximum medical improvement, any qualified physician or other health care professional |
26 | providing medical care or treatment to any person for an injury covered by chapters 29 - 38 of |
27 | this title shall file an itemized bill and an affidavit with the insurer, the employee and his or her |
28 | attorney, and the medical advisory board. A ten percent (10%) discount may be taken on the |
29 | itemized bill affidavits not filed in a timely manner and received by the insurer one week or more |
30 | late. The affidavit shall be on a form designed and provided by the administrator of the medical |
31 | advisory board and shall state: |
32 | (i) The type of medical treatment provided to date, including type and frequency of |
33 | treatment(s); |
34 | (ii) Anticipated further treatment including type, frequency, and duration of treatment(s), |
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1 | whether or not maximum medical improvement has been reached and the anticipated date of |
2 | discharge; |
3 | (iii) Whether the employee can return to the former position of employment or is capable |
4 | of other work, specifying work restrictions and work capabilities of the employee; |
5 | (2) The affidavit shall be admissible as an exhibit of the workers' compensation court |
6 | with or without the appearance of the affiant. |
7 | (d) "Itemized bill", as referred to in this section, means a completed statement of |
8 | charges, on a form CMS HCFA 1500, UB 92/94 or other form suitable to the insurer, which |
9 | includes, but is not limited to, an enumeration of specific types of care provided, facilities or |
10 | equipment used, services rendered, and appliances or medicines prescribed, for purposes of |
11 | identifying the treatment given the employee with respect to his or her injury. |
12 | (e) (1) The treating physician shall furnish to the employee, or to his or her legal |
13 | representative, a copy of his or her medical report within ten (10) days of the examination date. |
14 | (2) The treating physician shall notify the employer, and the employee and his or her |
15 | attorney immediately when an employee is able to return to full or modified work. |
16 | (3) There shall be no charge for a health record when that health record is necessary to |
17 | support any appeal or claim under the Workers' Compensation Act § 23-17-19.1(16). The treating |
18 | physician shall furnish to the employee, or to his or her legal representative, a medical report, |
19 | within ten (10) days of the request, stating the diagnosis, disability, loss of use, end result and/or |
20 | causal relationship of the employee's condition associated with the work related injury. The |
21 | physician shall be entitled to charge for these services only as enunciated in the State of Rhode |
22 | Island workers compensation medical fee schedule. |
23 | (f) (1) Compensation for medical expenses and other services under § 28-33-5, 28-33- |
24 | 7 or 28-33-8 is due and payable within twenty-one (21) days from the date a request is payment is |
25 | not made within twenty-one (21) days from the date a request is made for payment, the provider |
26 | of medical services may add, and the insurer or self-insurer shall pay, interest at the per annum |
27 | rate as provided in § 9-21-10 on the amount due. The employee or the medical provider may file |
28 | a petition with the administrator of the workers' compensation court which petition shall follow |
29 | the procedure as authorized in chapter 35 of this title. |
30 | (2) The twenty-one (21) day period in subdivision (1) of this subsection and in § 28-35- |
31 | 12 shall begin on the date the insurer receives a request with appropriate documentation required |
32 | to determine whether the claim is compensable and the payment requested is due. |
33 | 28-33-9. Order declaring employer liable for medical services. -- When an injury |
34 | results in no incapacity or incapacity of three (3) days or less and a dispute arises between the |
| LC005804 - Page 7 of 32 |
1 | employee and the employer or insurer as to the payment of medical expenses or other services |
2 | provided under §§ 28-33-5, 28-33-7 and 28-33-8, the employee or the medical provider may file a |
3 | petition with the administrator of the workers' compensation court, which petition shall follow the |
4 | procedure as outlined in chapter 35 of this title. In no event shall a petition be filed until twenty- |
5 | one (21) days have elapsed since written demand for payment for the expense or service has been |
6 | made on the employer or insurer. |
7 | 28-33-17. Weekly compensation for total incapacity -- Permanent total disability -- |
8 | Dependents' allowances. -- (a) (1) While the incapacity for work resulting from the injury is |
9 | total, the employer shall pay the injured employee a weekly compensation equal to seventy-five |
10 | percent (75%) of his or her average weekly spendable base wages, earnings, or salary, as |
11 | computed pursuant to the provisions of § 28-33-20. The amount may not exceed more than sixty |
12 | percent (60%) of the state average weekly wage of individuals in covered employment under the |
13 | provisions of the Rhode Island Employment Security Act as computed and established by the |
14 | Rhode Island department of labor and training, annually, on or before May 31 of each year, under |
15 | the provisions of § 28-44-6(a). Effective September 1, 1974, the maximum rate for weekly |
16 | compensation for total disability shall not exceed sixty-six and two-thirds percent (662/3%) of the |
17 | state average weekly wage as computed and established under the provisions of § 28-44-6(a). |
18 | Effective September 1, 1975, the maximum rate for weekly compensation for total disability shall |
19 | not exceed one hundred percent (100%) of the state average weekly wage as computed and |
20 | established under the provisions of § 28-44-6(a). Effective September 1, 2007, the maximum rate |
21 | for weekly compensation for total disability shall not exceed one hundred fifteen percent (115%) |
22 | of the state average weekly wage as computed and established under the provisions of § 28-44- |
23 | 6(a). Effective October 1, 2016, the maximum rate for weekly compensation for total disability |
24 | shall not exceed one hundred twenty percent (120%) of the state average weekly wage as |
25 | computed and established under the provisions of § 28-44-6(a) and effective October 1, 2017, the |
26 | maximum rate for weekly compensation for total disability shall not exceed one hundred twenty - |
27 | five percent (125%) of the state average weekly wage as computed and established under the |
28 | provisions of § 28-44-6(a). If the maximum weekly benefit rate is not an exact multiple of one |
29 | dollar ($1.00), then the rate shall be raised to the next higher multiple of one dollar ($1.00). |
30 | (2) The average weekly wage computed and established under § 28-44-6(a) is applicable |
31 | to injured employees whose injury occurred on or after September 1, 2000, and shall be |
32 | applicable for the full period during which compensation is payable. |
33 | (3) (i) "Spendable earnings" means the employee's gross average weekly wages, earnings, |
34 | or salary, including any gratuities reported as income, reduced by an amount determined to reflect |
| LC005804 - Page 8 of 32 |
1 | amounts which would be withheld from the wages, earnings, or salary under federal and state |
2 | income tax laws, and under the Federal Insurance Contributions Act (FICA), 26 U.S.C. 3101 et |
3 | seq., relating to social security and Medicare taxes. In all cases, it is to be assumed that the |
4 | amount withheld would be determined on the basis of expected liability of the employee for tax |
5 | for the taxable year in which the payments are made without regard to any itemized deductions |
6 | but taking into account the maximum number of personal exemptions allowable. |
7 | (ii) Each year, the director shall publish tables of the average weekly wage and seventy- |
8 | five percent (75%) of spendable earnings that are to be in effect on May 10. These tables shall be |
9 | conclusive for the purposes of converting an average weekly wage into seventy-five percent |
10 | (75%) of spendable earnings. In calculating spendable earnings the director shall have discretion |
11 | to exempt funds assigned to third parties by order of the family court pursuant to § 8-10-3 and |
12 | funds designated for payment of liens pursuant to § 28-33-27 upon submission of supporting |
13 | evidence. |
14 | (b) (1) In the following cases, it shall for the purpose of this section be that the injury |
15 | resulted in permanent total disability: |
16 | (i) The total and irrecoverable loss of sight in both eyes or the reduction to one-tenth |
17 | (1/10th) or less of normal vision with glasses; |
18 | (ii) The loss of both feet at or above the ankle; |
19 | (iii) The loss of both hands at or above the wrist; |
20 | (iv) The loss of one hand and one foot; |
21 | (v) An injury to the spine resulting in permanent and complete paralysis of the legs or |
22 | arms; and |
23 | (vi) An injury to the skull resulting in incurable imbecility or insanity. |
24 | (2) In all other cases, total disability shall be determined only if, as a result of the injury, |
25 | the employee is physically unable to earn any wages in any employment; provided, that in cases |
26 | where manifest injustice would otherwise result, total disability shall be determined when an |
27 | employee proves, taking into account the employee's age, education, background, abilities, and |
28 | training, that he or she is unable on account of his or her compensable injury to perform his or her |
29 | regular job and is unable to perform any alternative employment. The court may deny total |
30 | disability under this subsection without requiring the employer to identify particular alternative |
31 | employment. |
32 | (c) (1) Where the employee has persons conclusively presumed to be dependent upon |
33 | him or her or in fact so dependent, the sum of fifteen dollars ($15.00) shall be added to the |
34 | weekly compensation payable for total incapacity for each person wholly dependent on the |
| LC005804 - Page 9 of 32 |
1 | employee, except that the sum of forty dollars ($40.00) shall be added for those receiving benefits |
2 | under § 28-33-12, but in no case shall the aggregate of those amounts exceed eighty percent |
3 | (80%) of the average weekly wage of the employee, except that there shall be no limit for those |
4 | receiving benefits under § 28-33-12. |
5 | (2) The dependency allowance shall be in addition to the compensation benefits for total |
6 | disability otherwise payable under the provisions of this section. The dependency allowance shall |
7 | be increased if the number of persons dependent upon the employee increases during the time that |
8 | weekly compensation benefits are being received. |
9 | (3) For the purposes of this section the following persons shall be conclusively presumed |
10 | to be wholly dependent for support upon an employee: |
11 | (i) A wife upon a husband with whom she is living at the time of his injury, but only |
12 | while she is not working for wages during her spouse's total disability. |
13 | (ii) A husband upon a wife with whom he is living at the time of her injury, but only |
14 | while he is not working for wages during his spouse's total disability. |
15 | (iii) Children under the age of eighteen (18) years, or over that age but physically or |
16 | mentally incapacitated from earning, if living with the employee, or, if the employee is bound or |
17 | ordered by law, decree, or order of court, or by any other lawful requirement, to support the |
18 | children, although living apart from them. Provided, that the payment of dependency benefits to a |
19 | dependent child over the age of eighteen (18) years shall continue as long as that child is |
20 | satisfactorily enrolled as a full-time student in an educational institution or an educational facility |
21 | duly accredited or approved by the appropriate state educational authorities at the time of |
22 | enrollment. Those payments shall not be continued beyond the age of twenty-three (23) years. |
23 | "Children," within the meaning of this paragraph, also includes any children of the injured |
24 | employee conceived but not born at the time of the employee's injury, and the compensation |
25 | provided for in this section shall be payable on account of any such children from the date of their |
26 | birth. |
27 | (d) "Dependents," as provided in this section, does not include the spouse of the injured |
28 | employee except as provided in paragraphs (c)(3)(i) and (ii) of this section. In all other cases |
29 | questions of dependency shall be determined in accordance with the facts as the facts may be at |
30 | the time of the injury. |
31 | (e) The court or any of its judges may in its or his or her discretion order the insurer or |
32 | self-insurer to make payment of the nine dollars ($9.00) or fifteen dollars ($15.00) for those |
33 | receiving benefits under § 28-33-12 directly to the dependent. |
34 | (f) (1) Where any employee's incapacity is total and has extended beyond fifty-two (52) |
| LC005804 - Page 10 of 32 |
1 | weeks, regardless of the date of injury, payments made to all totally incapacitated employees shall |
2 | be increased as of May 10, 1991, and annually on the tenth of May after that as long as the |
3 | employee remains totally incapacitated. The increase shall be by an amount equal to the total |
4 | percentage increase in annual consumer price index, United States city average for urban wage |
5 | earners and clerical workers, as formulated and computed by the bureau of labor statistics of the |
6 | United States Department of Labor for the period of March 1 to February 28 each year. |
7 | (2) If the employee is subsequently found to be only partially incapacitated, the weekly |
8 | compensation benefit paid to the employee shall be equal to the payment in effect prior to his or |
9 | her most recent cost of living adjustment. |
10 | (3) "Index" as used in this section refers to the consumer price index, United States city |
11 | average for urban wage earners, clerical workers, as that index is formulated and computed by the |
12 | Bureau of Labor Statistics of the United States Department of Labor. |
13 | (4) The May 10, 1991 increase shall be based upon the total percentage increase, if any, |
14 | in the annual consumer price index for the period of March 1, 1990 to February 28, 1991. |
15 | Thereafter, increases shall be made on May 10 annually, based upon the percentage increase, if |
16 | any, in the index for the period March 1 to February 28. |
17 | (5) The computations in this section shall be made by the director of labor and training |
18 | and promulgated to insurers and employers making payments required by this section. Increases |
19 | shall be paid by insurers and employers without further order of the court. If payment payable |
20 | under this section is not paid within fourteen (14) days after the employer or insurer has been |
21 | notified or it becomes due, whichever is later, there shall be added to the unpaid payment an |
22 | amount equal to twenty percent (20%) of that amount, which shall be paid at the same time as, |
23 | but in addition to the payment. |
24 | (6) This section applies only to payment of weekly indemnity benefits to employees as |
25 | described in subdivision (1) of this subsection, and does not apply to specific compensation |
26 | payments for loss of use or disfigurement or payment of dependency benefits or any other |
27 | benefits payable under the Workers' Compensation Act. |
28 | (7) Notwithstanding any other provision of the general law or public laws to the contrary, |
29 | any employee of the state of Rhode Island who is receiving workers' compensation benefits for |
30 | total incapacity, as a result of brain injury due to a violent assault, on or before July 19, 2005, |
31 | shall be entitled to receive the health insurance benefit he or she was entitled to at the time of the |
32 | injury for the duration of the total incapacity or until said employee and his or her spouse are both |
33 | eligible for Medicare. |
| LC005804 - Page 11 of 32 |
1 | 28-33-17.3. Fraud and abuse. -- (a) (1) The workers' compensation court is authorized |
2 | and directed to impose sanctions and penalties necessary to maintain the integrity of and to |
3 | maintain the high standards of professional conduct in the workers' compensation system. All |
4 | pleadings related to proceedings under chapters 29 - 38 of this title shall be considered an |
5 | attestation by counsel that valid grounds exist for the position taken and that the pleading is not |
6 | interposed for delay. |
7 | (2) If any judge determines that any proceedings have been brought, prosecuted, or |
8 | defended by an employer, insurer, or their counsel without reasonable grounds, then: |
9 | (i) The whole cost of the proceedings shall be assessed upon the employer, insurer, or |
10 | counsel, whoever is responsible; and |
11 | (ii) If a subsequent order requires that additional compensation be paid, a penalty of |
12 | double the amount of retroactive benefits ordered shall be paid to the employee and the penalty |
13 | shall not be included in any formula utilized to establish premium rates for workers' |
14 | compensation insurance. |
15 | (3) If any judge determines that any proceedings have been brought or defended by an |
16 | employee or his or her counsel without reasonable grounds, the whole cost of the proceedings |
17 | shall be assessed against the employee or counsel, whoever is responsible. |
18 | (4) The court shall determine whether an action or defense is frivolous or conduct giving |
19 | rise to the action or defense was unreasonable. Where the amount at issue is less than the actual |
20 | attorneys' fees of the parties combined, the court shall exercise particular vigilance. Nothing in |
21 | this subsection, however, is intended to discourage prompt payment in full of all amounts |
22 | required to be paid. |
23 | (5) The appropriate body with professional disciplinary authority over the attorney shall |
24 | be notified of the action. |
25 | (6) Where any party or his or her attorney intentionally and unreasonably utilizes and /or |
26 | obstructs the twenty-one (21) day demand process of § 28-35-12 in order to harass or hinder any |
27 | opposing entity, the whole cost of the resulting proceedings shall be assessed against that party or |
28 | attorney, whoever is responsible. |
29 | (b) (1) It is unlawful to do any of the following: |
30 | (i) Make or cause to be made any knowingly false or fraudulent material statement or |
31 | material representation for the purpose of obtaining or denying any compensation; |
32 | (ii) Present or cause to be presented any knowingly false or fraudulent written or oral |
33 | material statement in support of, or in opposition to, any claim for compensation or petition |
34 | regarding the continuation, termination, or modification of benefits; |
| LC005804 - Page 12 of 32 |
1 | (iii) Knowingly assist, aid and abet, solicit, or conspire with any person who engages in |
2 | an unlawful act under this section; |
3 | (iv) Make or cause to be made any knowingly false or fraudulent statements with regard |
4 | to entitlement to benefits with the intent to discourage an injured worker from claiming benefits |
5 | or pursuing a claim; |
6 | (v) Willfully misrepresent or fail to disclose any material fact in order to obtain workers' |
7 | compensation insurance at less than the proper rate for the insurance including, but not limited to, |
8 | intentionally misleading or failing to disclose information to an insurer regarding the appropriate |
9 | rate classification of an employee; |
10 | (vi) Willfully fail to provide a lower rate adjustment favorable to an employer as required |
11 | by an approved experience rating plan or regulations promulgated by the insurance |
12 | commissioners; |
13 | (vii) Willfully fail to report or provide false or misleading information regarding |
14 | ownership changes as required by an approved experience rating plan or regulations promulgated |
15 | by the insurance commissioner; or |
16 | (viii) Knowingly assist, aid and abet, solicit or conspire to coerce an employee to |
17 | willfully misrepresent an employee's status as a shareholder, director or officer of a corporation, |
18 | or as a member or manager of a limited liability company, or as a partner, in a general or, limited |
19 | partnership, registered limited liability partnership or a registered limited liability limited |
20 | partnership, or as an independent contractor for the purpose of avoiding the inclusion of that or |
21 | other employees in a workers' compensation insurance application, renewal or both. |
22 | (2) For the purposes of this section, "Statement" includes, but is not limited to, any |
23 | endorsement of a benefit check, application for insurance coverage, oral or written statement, |
24 | proof of injury, bill for services, diagnosis, prescription, hospital or provider records, x-rays, test |
25 | results, or other documentation offered as proof of, or in the absence of, a loss, injury, or |
26 | expense. |
27 | (3) If it is determined that any person concealed or knowingly failed to disclose that |
28 | which is required by law to be revealed, knowingly gave or used perjured testimony or false |
29 | evidence, knowingly made a false statement of fact, participated in the creation or presentation of |
30 | evidence which he or she knows to be false, or otherwise engaged in conduct in violation of |
31 | subdivision (1) of this subsection, that person shall be subject in criminal proceedings to a fine |
32 | and/or penalty not exceeding fifty thousand dollars ($50,000), or double the value of the fraud, |
33 | whichever is greater, or by imprisonment up to five (5) years in state prison or both. |
34 | (4) There shall be a general amnesty until July 1, 1992 for any person receiving |
| LC005804 - Page 13 of 32 |
1 | compensation under chapters 29 - 38 of this title, to the extent compensation has been voluntarily |
2 | reduced or relinquished by the employee prior to that date. |
3 | (c) The director of labor and training shall establish a form, in consultation with the |
4 | attorney general, to be sent to all workers who are presently receiving benefits and those for |
5 | whom first reports of injury are filed in the future which shall give the employee notice that the |
6 | endorsement of a benefit check sent pursuant to § 28-35-39 is the employee's affirmation that he |
7 | or she is qualified to receive benefits under the Workers' Compensation Act. The insurers and |
8 | self-insured employers are directed to send the form to all workers receiving benefits. |
9 | (d) Any employer, or in any case where the employer is a corporation, the president, vice |
10 | president, secretary, treasurer, and other officers of the corporation, or in any case where the |
11 | employer is a limited liability company, the managers, and the managing members or in any case |
12 | where the employer is a general partnership or a registered limited liability partnership, or in the |
13 | case where the employer is a limited partnership or a registered limited liability limited |
14 | partnership, the partners, that are found to have violated this section or § 28-36-15, shall be guilty |
15 | of a felony for failure to secure and maintain compensation, and upon conviction, shall be subject |
16 | to imprisonment of up to two (2) years, a fine not exceeding ten thousand dollars ($10,000), or |
17 | both. In any case where the employer is a corporation, the president, vice president, secretary, |
18 | treasurer, and other officers of the corporation, shall be severally liable for the fine or subject to |
19 | imprisonment, or both. In any case where the employer is a limited liability company, the |
20 | managers and managing members shall be severally liable for the fine or subject to imprisonment, |
21 | or both. In any case where the employer is a partnership or a registered limited liability |
22 | partnership, the partners shall be severally liable for the fine or subject to imprisonment, or both. |
23 | In any case where the employer is a limited partnership or a registered limited liability limited |
24 | partnership, the general partners shall be severally liable for the fine or subject to imprisonment, |
25 | or both. |
26 | 28-33-18.3. Continuation of benefits -- Partial incapacity. -- (a) (1) For all injuries |
27 | occurring on or after September 1, 1990, in those cases where the employee has received a notice |
28 | of intention to terminate partial incapacity benefits pursuant to § 28-33-18, the employee or his or |
29 | her duly authorized representative may file with the workers' compensation court a petition for |
30 | continuation of benefits on forms prescribed by the workers' compensation court. In any |
31 | proceeding before the workers' compensation court on a petition for continuation of partial |
32 | incapacity benefits, where the employee demonstrates by a fair preponderance of the evidence |
33 | that his or her partial incapacity poses a material hindrance to obtaining employment suitable to |
34 | his or her limitation, partial incapacity benefits shall continue. For injuries on and after July 1, |
| LC005804 - Page 14 of 32 |
1 | 2016 2018, "material hindrance" is defined to include only compensable injuries causing a greater |
2 | than sixty-five percent (65%) degree of functional impairment and/or disability. Any period of |
3 | time for which the employee has received benefits for total incapacity shall not be included in the |
4 | calculation of the three hundred and twelve (312) week period. |
5 | (2) The provisions of this subsection apply to all injuries from Sept. 1, 1990, to July 1, |
6 | 2016 2018. |
7 | (b) (1) Where any employee's incapacity is partial and has extended for more than three |
8 | hundred and twelve (312) weeks and the employee has proved an entitlement to continued |
9 | benefits under subsection (a) of this section, payments made to these incapacitated employees |
10 | shall be increased annually on the tenth (10th) day of May thereafter so long as the employee |
11 | remains incapacitated. The increase shall be by an amount equal to the total percentage increase |
12 | in the annual consumer price index, United States city average for urban wage earners and |
13 | clerical workers, as formulated and computed by the Bureau of Labor Statistics of the United |
14 | States Department of Labor for the period of March 1 to February 28 each year. |
15 | (2) "Index" as used in this section refers to the consumer price index, United States city |
16 | average for urban wage earners and clerical workers, as that index was formulated and computed |
17 | by the Bureau of Labor Statistics of the United States Department of Labor. |
18 | (3) The annual increase shall be based upon the percentage increase, if any, in the |
19 | consumer price index for the month of a given year, over the index for February, the previous |
20 | year. Thereafter, increases shall be made on May 10 annually, based upon the percentage |
21 | increase, if any, in the consumer price index for the period of March 1 to February 28. |
22 | (4) The computations in this section shall be made by the director of labor and training |
23 | and promulgated to insurers and employers making payments required by this section. Increases |
24 | shall be paid by insurers and employers without further order of the court. If payment payable |
25 | under this section is not mailed within fourteen (14) days after the employer or insurer has been |
26 | notified by publication in a newspaper of general circulation in the state it becomes due, there |
27 | shall be added to the unpaid payment an amount equal to twenty percent (20%) of it, to be paid at |
28 | the same time as but in addition to the payment. |
29 | (5) This section applies only to payment of weekly indemnity benefits to employees as |
30 | described in subdivision (1) of this subsection, and does not apply to specific compensation |
31 | payments for loss of use or disfigurement or payment of dependency benefits or any other |
32 | benefits payable under the Workers' Compensation Act. |
33 | (c) No petitions for commutation shall be allowed or entertained in those cases where an |
34 | employee is receiving benefits pursuant to this section. |
| LC005804 - Page 15 of 32 |
1 | 28-33-34.1. Schedule of medical review. -- (a) On or about twenty-six (26) weeks from |
2 | the date of a compensable injury, any person obtaining incapacity benefits may be examined and |
3 | their diagnosis and treatment reviewed by a comprehensive independent health care review team |
4 | or an impartial medical examiner. The comprehensive independent health care review team or |
5 | impartial medical examiner shall be selected through a mechanism to be established by the |
6 | administrator of the medical advisory board. The results of the examination and review shall be |
7 | provided to the employee and the insurer or self-insured employer within fourteen (14) days of |
8 | the examination and a copy shall be filed with the medical advisory board. The comprehensive |
9 | independent health care review team and/or impartial medical examiner shall review the treating |
10 | physician's findings and diagnosis and make its own findings of the extent and nature of the |
11 | claimed disability, the degree of functional impairment and/or disability, the expectation of |
12 | further medical improvement, any further medical care, treatment, and/or rehabilitation services |
13 | that may be required to reach maximum medical improvement, type(s) of work that can be |
14 | performed within existing physical capacity, the degree of disability expected at maximum |
15 | medical improvement, whether the employee can return to the former position of employment, |
16 | and compliance of the treating physician with protocols and standards of medical care established |
17 | by the medical advisory board. The report shall may be subsequently admissible as a the court's |
18 | court exhibit. A party may be permitted to cross-examine the author(s) of the report with leave of |
19 | the court. |
20 | (b) On or about thirteen (13) weeks after any examination under this section or § 28-33- |
21 | 35, a comprehensive independent health care review team or impartial medical examiner shall |
22 | perform a similar review. The same comprehensive independent health care review team or |
23 | impartial medical examiner may not perform more than two (2) consecutive reviews on a |
24 | particular employee. |
25 | (c) Failure to appear for examination under this section shall be grounds for suspension |
26 | or termination of benefits unless justified by good cause. Residence outside the state does not, by |
27 | itself, constitute good cause for failure to appear. |
28 | 28-33-35. Appointment of impartial medical examiner. -- (a) Any judge of the court |
29 | may, at any time after an injury, on his or her own motion or on the request or petition of the |
30 | employer or employee, appoint an impartial medical examiner or a comprehensive independent |
31 | health care review team to act as a medical examiner, and the reasonable fee of the medical |
32 | examiner for examinations under this section and/or § 28-33-34.1 shall be paid by the |
33 | employer. |
34 | (b) Impartial medical examiners and/or comprehensive independent health care review |
| LC005804 - Page 16 of 32 |
1 | teams shall provide guidance and make recommendations with respect to contested or disputed |
2 | findings of fact concerning health care. Impartial medical examiners and/or comprehensive |
3 | independent health care review teams may also make findings as to compliance of health care |
4 | providers with medical care standards and protocols established by the medical advisory board. |
5 | Unless previously approved by the board, treatment or diagnostic services that are not consistent |
6 | with the medical care standards and protocols shall not be charged to the employer or employee. |
7 | The report of the findings of the impartial medical examiner and/or comprehensive independent |
8 | health care review team shall may be admissible as an exhibit of the court. The findings of the |
9 | report shall become final and binding unless either party elects to contest the findings. Notice of |
10 | the contest must be filed within ten (10) days of receipt of the report required to be provided |
11 | pursuant to § 28-33-34.1(a). The contesting party shall pay the cost of the court appearance of the |
12 | author of the report. In the event that the employee is the prevailing party, the employee shall be |
13 | reimbursed for the entire amount paid by him or her for the court appearance of the author of the |
14 | report. |
15 | 28-33-37. Examination by impartial examiner -- Reports. -- A medical examiner, once |
16 | being duly sworn by the administrator or a judge of the workers' compensation court appointing |
17 | him or her to the faithful performance of his or her duties at the inception of his or her |
18 | designation as an impartial medical examiner, shall at that time and as often as requested in |
19 | accordance with chapters 29 - 38 of this title, examine injured employees to determine the nature |
20 | and probable duration of their injuries. This medical examiner shall file a signed report within |
21 | ninety-six (96) hours of the completion of each and every examination made of those employees |
22 | with the office of the administrator of the workers' compensation court, in triplicate, and that |
23 | report shall indicate the name and the title of the official by whom he or she was sworn in and |
24 | appointed and shall then be acceptable as proper legal evidence in any hearing or proceedings |
25 | before the workers' compensation court to determine the amount of compensation due the |
26 | employee under the provisions of chapters 29 - 38 of this title, and the examiner may be |
27 | summoned for the purpose of cross-examination in proceedings before the court. Copies of those |
28 | reports shall be furnished to all interested parties. |
29 | 28-33-43. Employer liability for property damage. -- When an employee sustains |
30 | property damage to eyeglasses, dentures, or artificial prosthesis arising out of and in the course of |
31 | his or her employment, regardless of whether or not he or she suffered personal injury or loss of |
32 | time, he or she may file a petition with the administrator of the workers' compensation court, and |
33 | he or she shall be paid the reasonable value of the property or the reasonable expense of repairing |
34 | the property by an employer subject to or who has elected to become subject to the provisions of |
| LC005804 - Page 17 of 32 |
1 | chapters 29 - 38 of this title. The petition shall be prosecuted in the same manner as other |
2 | petitions for compensation before the court. In hearings before the court, counsel and witness fees |
3 | shall be awarded for the successful prosecution of a petition under this section. |
4 | SECTION 6. Sections 28-35-6, 28-35-9, 28-35-12, 28-35-12.1, 28-35-14, 28-35-17, 28- |
5 | 35-20, 28-35-24, 28-35-27, 28-35-28, 28-35-28.1, 28-35-31, 28-35-37, 28-35-45, 28-35-46, 28- |
6 | 35-54, 28-35-55 and 28-35-61 of the General Laws in Chapter 28-35 entitled "Workers' |
7 | Compensation - Procedure" are hereby amended to read as follows: |
8 | 28-35-6. Notice of amendments to memorandum of agreement. -- (a) If the workers' |
9 | compensation court makes any amendment or addition to the memorandum of agreement, the |
10 | administrator of the workers' compensation court shall immediately notify the department of the |
11 | changes in the agreement. |
12 | (b) If an employer or insurer and an employee and his or her attorney, if represented, |
13 | reach an agreement, subsequent to the filing of a memorandum of agreement, order, or decree, as |
14 | to any issue, the parties shall file a written agreement and receipt with the department, signed by |
15 | the parties, and on a form prescribed by the department. A copy of any agreement and receipt |
16 | shall be delivered to each of the parties. Upon the filing of the agreement and receipt with the |
17 | department, it shall be as binding upon both parties as a preliminary determination order or |
18 | decree. |
19 | 28-35-9. Payment of weekly benefits -- Admission of entitlement to compensation -- |
20 | Payment of compensation without agreement. -- (a) For all injuries occurring from September |
21 | 1, 1982 through February 28, 1986, in the event that an employer or insurer makes direct payment |
22 | of weekly benefits to an employee, the employee must file a copy of the initial medical treatment |
23 | report that he or she has received as a result of the injury with the employer or insurer within ten |
24 | (10) days of receipt by the employee or his or her attorney of the report, certified mail, return |
25 | receipt requested. If the employer or insurer continues to make payment to the employee after ten |
26 | (10) days following receipt of the report by the employer or insurer, the employer shall |
27 | immediately after that ten (10) day period file a memorandum of agreement as set forth in § 28- |
28 | 35-1 and that payment shall constitute a conclusive admission of liability as to the injuries set |
29 | forth in the report and that the employee is entitled to compensation under chapters 29 - 38 of this |
30 | title. The employer may not file a petition to suspend or reduce payments until a memorandum |
31 | has been filed. |
32 | (b) In the event that an employer or insurer makes payment of weekly benefits to an |
33 | employee without filing a memorandum of agreement or a non-prejudicial memorandum of |
34 | agreement with the department the payment shall constitute a conclusive admission of liability |
| LC005804 - Page 18 of 32 |
1 | and ongoing incapacity and that the employee is entitled to compensation under chapters 29 - 38 |
2 | of this title and the employer or insurer shall not be entitled to any credit for the payment if the |
3 | employee is awarded compensation in accordance with these chapters. The employer or insurer |
4 | shall not file a petition to suspend or reduce payments until a memorandum has been filed with |
5 | the department. |
6 | 28-35-12. Petition for determination of controversy -- Contents and filing. -- (a) In |
7 | all disputes between an employer and employee in regard to compensation or any other obligation |
8 | established under chapters 29 - 38 of this title, and when death has resulted from the injury and |
9 | the dependents of the deceased employee entitled to compensation are, or its apportionment |
10 | among them is, in dispute, any person in interest or his or her duly authorized representative may |
11 | file with the administrator of the workers' compensation court a petition prescribed by the court, |
12 | setting forth the names and residences of the parties, the facts relating to employment at the time |
13 | of injury, the cause, extent, and character of the injury, the amount of wages, earnings, or salary |
14 | received at the time of the injury, and the knowledge of the employer of notice of the occurrence |
15 | of the injury, and any other facts that may be necessary and proper for the information of the |
16 | court, and shall state the matter in dispute and the claims of the petitioner with reference to it; |
17 | provided, that no petition shall be filed within twenty-one (21) days of the date of the injury and |
18 | no petition regarding any other obligation established under chapters 29 - 38 of this title shall be |
19 | filed until twenty-one (21) days after written demand for payment upon the employer or insurer |
20 | or written notice to the employer or insurer of failure to fulfill the obligation, except that any |
21 | petition alleging the non-payment or late payment of weekly compensation benefits, attorneys' |
22 | fees, and costs, may be filed after fourteen (14) days from the date the payment is due as set forth |
23 | in §§ 28-35-42, 28-35-43, and 28-35-20(c). All demands seeking payment of bills for medical |
24 | services rendered shall include reference to a claim number or a legible copy of the agreement, |
25 | order, and/or decree, as appropriate, establishing liability. Medical bills for services ordered paid |
26 | by decree or pretrial order shall be paid within fourteen (14) days of the entry of the decree or |
27 | order. In the event that the bills are not paid within the fourteen (14) day period, a petition may be |
28 | filed to enforce said order or decree without any additional written notice to the employer or |
29 | insurer. |
30 | (b) (1) If one or more claims are filed for an injury and there are two (2) or more |
31 | insurers, any one of which may be held to be liable to pay compensation, and the judge |
32 | determines that the injured employee would be entitled to receive compensation but for the |
33 | existence of a controversy as to which one of the insurers is liable to pay compensation, one of |
34 | the insurers shall be selected by a judge of the workers' compensation court, to pay to the injured |
| LC005804 - Page 19 of 32 |
1 | employee the compensation, pending a final decision of the workers' compensation court as to the |
2 | matter in controversy, and that decision shall require that the amount of compensation paid shall |
3 | be deducted from the award if made against another insurer and shall be paid by that other insurer |
4 | to the insurer selected by the judge. |
5 | (2) The workers' compensation court shall award compensation, costs, and attorneys' fees |
6 | in its discretion if one of the insurers is held to be liable following the hearing. |
7 | (c) If any determination of the workers' compensation court entitles an employee to |
8 | retroactive payment of weekly benefits, the court shall award to the employee interest at the rate |
9 | per annum provided in § 9-21-10 on that retroactive weekly payment from six (6) months |
10 | subsequent to the date that the employee first filed a petition for benefits to the time when that |
11 | retroactive payment is actually made. If the proceedings are unduly delayed by or at the request |
12 | of the employee or his or her attorney, the judge may reduce or eliminate interest on retroactive |
13 | payment; provided, that the provisions of this section as they relate to interest shall apply only to |
14 | petitions filed on or after July 1, 1984. |
15 | (d) Any fine, penalty, or interest expense incurred by an insurer under this section may |
16 | not be used as an expense for the purpose of seeking a rate increase before the department of |
17 | business regulation. |
18 | 28-35-12.1. Prompt decision required. -- The judge who hears a case pursuant to § 28- |
19 | 35-12 shall render his or her decision no later than thirty (30) days after each party has completed |
20 | presenting its case. This provision shall not apply in any case for which the judge has shown just |
21 | cause, as determined by rules of practice of the workers' compensation court adopted pursuant to |
22 | the authority granted to the court by § 28-29-26, for delay beyond thirty (30) days. |
23 | 28-35-14. Copies of petition to respondents. -- Upon filing with the workers' |
24 | compensation court administrator of any petition, stating the general nature of any claim as to |
25 | which any dispute or controversy may have arisen, the petitioner shall serve a copy of the petition |
26 | on the respondent or respondents in accordance with the workers' compensation court rules of |
27 | practice. |
28 | 28-35-17. Notice and conduct of hearings. -- (a) Upon the filing of any petition the |
29 | court shall assign the matter to a judge. The court shall issue notice at that time, advising the |
30 | parties of the judge to whom the case has been assigned and the date for pretrial conference in |
31 | accordance with § 28-35-20. |
32 | (b) Upon filing of any claim for a trial, following the pretrial conference held in |
33 | accordance with § 28-35-20, the judge shall fix a time for trial and give notice of it in accordance |
34 | with the rules of practice procedure promulgated by the court but the initial hearing shall be fixed |
| LC005804 - Page 20 of 32 |
1 | not later than thirty (30) days next after filing the claim for a trial. The court shall cause notice of |
2 | the trial to be given to each interested party in accordance with the rules of practice and |
3 | regulations promulgated by the court. The judge shall proceed to hear the matter as the justice of |
4 | the case may require, and may allow amendments to the petition and the answer at any stage of |
5 | the proceedings. Hearings may be adjourned from time to time for just and sufficient cause, and |
6 | hearings may be held at the places that the workers' compensation court shall designate. |
7 | 28-35-20. Informal pretrial conference. -- (a) Before any case shall proceed to a trial, |
8 | the judge shall conduct a mandatory pretrial conference within twenty-one (21) days of the date |
9 | of filing with a view to expediting the case and reducing the issues in dispute to a minimum, |
10 | notice of which shall be sent by the administrator to the parties or to their attorneys of record. The |
11 | conference shall be informal and no oral testimony shall be offered or taken. Any statement then |
12 | made by either party shall in the absence of agreement be without prejudice, but any agreement |
13 | then made shall be binding. |
14 | (b) Within a reasonable time of receipt, all medical reports and documentary evidence |
15 | which the parties possess and which the parties intend to present as evidence at the pretrial |
16 | conference shall be provided to the opposing party. |
17 | (c) At the pretrial conference, the judge shall make every effort to resolve any |
18 | controversies or to plan for any subsequent trial of the case. The judge shall render a pretrial order |
19 | immediately at the close of the pretrial conference. The pretrial order shall be set forth in a |
20 | simplified manner on forms prescribed by the workers' compensation court. It may reflect any |
21 | agreements reached between the parties, but shall grant or deny, in whole or in part, the relief |
22 | sought by the petitioner. Subject to the provisions of subsection 45-21.2-9(j), the pretrial order |
23 | shall be effective upon entry. Any payments ordered by it including, but not limited to, weekly |
24 | benefits, medical expenses, costs, and attorneys' fees, shall be paid within fourteen (14) days of |
25 | the entry of the order. |
26 | (d) Any party aggrieved by the entry of the order by the judge may claim a trial on any |
27 | issue that was not resolved by agreement at the pretrial conference by filing with the |
28 | administrator of the workers' compensation court within five (5) days of the date of the entry of |
29 | the order, exclusive of Saturdays, Sundays and holidays, a claim for a trial on forms prescribed by |
30 | the administrator of the workers' compensation court. If no timely claim for a trial is filed or is |
31 | filed and withdrawn, the pretrial order shall become, by operation of law and without further |
32 | action by any party, a final decree of the workers' compensation court. |
33 | (e) All trials shall be assigned for hearing and decision to the same judge who presided |
34 | over the pretrial of the matter. Notice of the trial shall be sent by the workers' compensation court |
| LC005804 - Page 21 of 32 |
1 | administrator to the parties and to their attorneys of record. All trials shall be de novo, except that |
2 | issues resolved by agreement at the pretrial conference may not be reopened. Any other case or |
3 | dispute under chapters 29 - 38 of this title that arises during the pendency of this trial, shall be |
4 | forwarded immediately to the same judge for pretrial in accordance with this section and for any |
5 | subsequent trial. |
6 | (f) If after trial and the entry of a final decree, it is determined that the employee or |
7 | medical services provider was not entitled to the relief sought in the petition, the employer or |
8 | insurer shall be reimbursed from the workers' compensation administrative fund, described in |
9 | chapter 37 of this title, to the extent of any payments made pursuant to the pretrial order to which |
10 | there is no entitlement. |
11 | 28-35-24. Examination by or opinion of impartial physician. -- (a) Whenever the |
12 | testimony presented at any hearing indicates a dispute, or creates doubt, as to the extent, nature, |
13 | or cause of disability or death, the workers' compensation court may direct that the injured |
14 | employee be examined, or may obtain an opinion without examination of an impartial, competent |
15 | physician designated by the workers' compensation court who is not under contract with or |
16 | regularly employed or regularly retained by a compensation insurer or self-insured employer. |
17 | (b) The expense of the examination shall be paid by the employer. The report of the |
18 | examination shall be transmitted in writing to the workers' compensation court and a copy of it |
19 | shall be furnished by the workers' compensation court to each party who shall have an |
20 | opportunity to rebut it on further hearing. |
21 | 28-35-27. Decision of controversies -- Decree. -- (a) In any controversy over which the |
22 | workers' compensation court has jurisdiction pursuant to this chapter and Rhode Island general |
23 | law § 45-21.2-9, any judge of that court shall, pursuant to §§ 28-35-11 - 28-35-28, and the |
24 | procedural rules or practice of the court, hear all questions of law and fact involved in the |
25 | controversy and presented by any party in interest, and he or she shall within ten (10) days after |
26 | the hearing, unless the parties otherwise agree, decide the merits of the controversy pursuant to |
27 | the law and the fair preponderance of the evidence and notify the administrator of the court of the |
28 | decision, who shall immediately notify the parties. |
29 | (b) Within seventy-two (72) hours of notice, exclusive of Saturdays, Sundays, and |
30 | holidays, the judge shall enter a decree upon the decision, which shall contain findings of fact, but |
31 | within that time any party may appear and present a form of decree for consideration. |
32 | 28-35-28. Appeal to appellate division. -- (a) Any person aggrieved by the entry of a |
33 | decree by a judge may appeal to the appellate division established pursuant to this section by |
34 | filing with the administrator of the court within five (5) days of the date of the entry of a decree, |
| LC005804 - Page 22 of 32 |
1 | exclusive of Saturdays, Sundays, and holidays, a claim of appeal and, subject to the rules of the |
2 | court, by filing a request for a transcript of the testimony and ruling or any part thereof desired. |
3 | Within any time that a judge shall fix, either by an original fixing or otherwise, the appellant shall |
4 | file with the administrator of the court reasons of appeal stating specifically all matters |
5 | determined adversely to him or her which he or she desires to appeal, together with so much of |
6 | the transcript of testimony and rulings as he or she deems pertinent, and within ten (10) days after |
7 | that the parties may file with the administrator of the court those briefs and memoranda that they |
8 | may desire concerning the appeal. The chief judge shall appoint appellate panels of three (3) |
9 | members of the court to hear any claim of appeal and the decision of the appellate panel shall be |
10 | binding on the court. The three (3) members of the appellate panel shall immediately review the |
11 | decree upon the record of the case and shall file a decision pursuant to the law and the fair |
12 | preponderance of the evidence within ten (10) days of the expiration of the time within which the |
13 | parties may file briefs and memoranda. Upon consideration of the appeal, the appellate panel |
14 | shall affirm, reverse, or modify the decree appealed from, and may itself take any further |
15 | proceedings that are just, or may remand the matter to the trial judge for further consideration of |
16 | any factual issue that the appellate division may raise, including the taking of additional evidence |
17 | or testimony by the trial judge. It shall be within the prerogative of the appellate panel to remand |
18 | a matter to the trial judge. If the decision requires the entry of a new decree, notice shall be given |
19 | the parties, and the new decree shall be entered in the same manner as the original decree, but if |
20 | the decision of two (2) appellate panel judges does not require the entry of a new decree, the |
21 | decree shall be affirmed. Any member of the appellate panel may, for cause, disqualify himself or |
22 | herself from hearing any appeal that may come before the appellate panel. |
23 | (b) The findings of the trial judge on factual matters shall be final unless an appellate |
24 | panel finds them to be clearly erroneous. The court may award costs, including reasonable |
25 | attorney fees, to the prevailing party when the appellate panel finds there was complete absence |
26 | of a justiciable issue of either law or fact. |
27 | 28-35-28.1. Reports of hearings -- Transcripts. -- (a) Hearings reporters, or electronic |
28 | court reporters, shall report stenographically, or electronically, the proceedings in the trial of |
29 | every action or proceeding in the workers' compensation court. Electronic court reporting shall be |
30 | used only when hearings reporters are unavailable for any reason. |
31 | (b) Each hearings reporter, or electronic court reporter, shall also, upon the order of any |
32 | judge in the court, transcribe his or her report to be filed with the court judge in the case. He or |
33 | she shall also make a transcript of the whole or any part of that report upon request, filed with the |
34 | court administrator, by either party to the action or proceeding, and when completed and within |
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1 | the time limited by the court for filing the transcript, shall immediately deliver it to the party |
2 | ordering it, or to the attorney of record of that party. For this service, the reporter shall be paid a |
3 | reasonable compensation, not less than five dollars ($5.00), and not exceeding three dollars |
4 | ($3.00) per page for originals and one dollar and fifty cents ($1.50) per page for copies of it, to be |
5 | allowed by the court. If the transcript is used in subsequent proceedings in the cause, the cost of it |
6 | may be allowed as a part of the costs. |
7 | 28-35-31. Transcript on appeal. -- (a) Upon the filing of reasons of appeal and |
8 | transcript, the administrator of the workers' compensation court shall present the transcript to the |
9 | judge who heard the cause, and in case of vacancy in office, or for any cause, the administrator is |
10 | unable to present the transcript to the judge who heard the cause, then the transcript shall be |
11 | presented to any other judge, and that other judge shall have full power to examine and pass upon |
12 | and allow the transcript. The judge to whom the transcript has been presented by the |
13 | administrator shall, after examination, restore the transcript to the files of the administrator with a |
14 | certificate of his or her action. |
15 | (b) Upon an appeal being taken and the transcript of the testimony as may be required |
16 | being allowed and returned, the administrator of the workers' compensation court shall |
17 | immediately certify the cause and all the papers of it to the supreme court. |
18 | (c) In case of failure to allow and return the transcript within twenty (20) days from its |
19 | filing a hearing may be had on the question of the correctness of the transcript before the workers' |
20 | compensation court. |
21 | 28-35-37. Delay of process for execution of decree. -- No process for the execution of |
22 | any decree of the workers' compensation court from which an appeal may be taken shall issue |
23 | until the expiration of the appeal period, unless all parties against whom the decree is made, file |
24 | with the court a waiver of waive an appeal with the administrator or by causing an entry thereof |
25 | to be made on the docket. |
26 | 28-35-45. Review and modification of decrees. -- (a) At any time after the date of the |
27 | approval of any agreement or at any time after the date of the entry of any decree concerning |
28 | compensation, and if compensation has ceased under the agreement or decree, within ten (10) |
29 | years after that, any agreement, award, order, finding, or decree may be from time to time |
30 | reviewed by the workers' compensation court, upon its own motion or upon a petition of either |
31 | party upon forms prescribed and furnished by the court, after due notice to the interested parties: |
32 | (1) Upon the ground that the: |
33 | (i) Incapacity of the injured employee has diminished, ended, increased, or returned; |
34 | (ii) Employee has recovered from the effects of his or her work-related injury and is |
| LC005804 - Page 24 of 32 |
1 | disabled only as a result of a preexisting condition; |
2 | (iii) Employee is able to return to the same work which he or she performed at the time of |
3 | his or her injury; |
4 | (iv) Employee has refused an offer of suitable employment; or |
5 | (v) Weekly compensation payments have been based upon an erroneous average weekly |
6 | wage; or |
7 | (2) Regarding any other obligation established under chapters 29 - 38 of this title. |
8 | (b) Upon this review the workers' compensation court may decrease, suspend, increase, |
9 | commence, or recommence compensation payments in accordance with the facts, or make any |
10 | other order that the justice of the case may require. No review shall affect the agreement, award, |
11 | order, finding, or decree as regards money already paid, except that an award increasing the |
12 | compensation rate may be made effective from the date of the injury, and except that if any part |
13 | of the compensation due or to become due is unpaid, an award decreasing the compensation rate |
14 | may be made effective from the date of injury, and any payments made prior thereto in excess of |
15 | the decreased rate shall be deducted from any unpaid compensation, in the manner and by the |
16 | methods that may be determined by the workers' compensation court. |
17 | (c) Relief on review shall not be denied an employee or granted an employer or his or |
18 | her insurer on the grounds that the employee is incapacitated by an injury or disease which is |
19 | different from the one for which the employee was paid compensation if the injury or disease |
20 | incapacitating the employee results from an injury or disease for which the employee was paid |
21 | compensation. |
22 | 28-35-46. Notice of intent to discontinue, suspend, or reduce payments -- Filing -- |
23 | Form. -- Before an employer may discontinue, suspend, or reduce compensation payments |
24 | whether they are being received under an agreement, memorandum of agreement, award, order, |
25 | finding, or decree, or when suitable alternative employment has been offered to the employee |
26 | pursuant to § 28-33-18.2, the employer shall notify the court and the employee of his or her |
27 | intention to discontinue, suspend, or reduce payments and the reason for doing so by filing with |
28 | the court judge an affidavit setting forth the factual basis for filing the petition to review along |
29 | with a copy of the medical reports upon which the employer seeks to justify the discontinuance, |
30 | suspension, or reduction in payments. A copy of the affidavit and medical report shall be |
31 | forwarded to the employee. The notice of intention to discontinue, suspend, or reduce payments |
32 | must be given fifteen (15) days prior to the proposed date of discontinuance, suspension, or |
33 | reduction; provided, that where an employee has returned to work at an average weekly wage |
34 | equal to or in excess of that which he or she was earning at the time of his or her injury, not |
| LC005804 - Page 25 of 32 |
1 | including overtime, the notice of intention to discontinue, suspend, or reduce the payments |
2 | provided for in this section may be given five (5) days prior to the proposed date of |
3 | discontinuance. Notices shall be in substantially the following form: |
4 | Notice to Workers' Compensation Court and Employee of Intention to Discontinue, |
5 | Suspend, or Reduce Payment |
6 | You are hereby notified that the undersigned employer intends on the........ day |
7 | of.................... 20......, to discontinue, suspend, or reduce the payments of compensation to the |
8 | above-named employee for the following reasons, to wit: |
9 | (1) Employee has returned to work at an average weekly wage equal to or in excess of |
10 | that which he or she was earning at the time of his or her injury, not including overtime. |
11 | (2) Employee has returned to work and is earning wages in the sum of.......... dollars |
12 | weekly. |
13 | (3) Employee has been discharged by his or her treating physician on the...... day of.......... |
14 | 20..... |
15 | 28-35-54. Certification of papers to court. -- Whenever the director certifies to the |
16 | workers' compensation court papers, agreements, and documents in any proceedings as are |
17 | provided in chapters 29 - 38 of this title, he or she shall certify them to the administrator of the |
18 | workers' compensation court. |
19 | 28-35-55. Filing day or required act falling on weekend or holiday. -- Whenever, |
20 | under chapters 29 - 38 of this title, the day, or the last day, for the filing with the administrator of |
21 | the workers' compensation court, of any original petition or other petition, motion, decree, claim |
22 | of appeal, reasons of appeal, brief, or other document in writing, or for the doing of any act |
23 | required or permitted to be done by those chapters, falls on Saturday, Sunday, or a legal holiday, |
24 | the act or filing may be done on the next succeeding business day. |
25 | 28-35-61. Decrees procured by fraud. -- (a) The workers' compensation court may, |
26 | upon petition of an employee, the dependents of a deceased employee, an employer, an insurance |
27 | carrier, or any other party in interest, vacate, modify, or amend any final decree entered within a |
28 | period of six (6) months of the date such decree was entered prior to the filing of the petition, |
29 | either by a single judge or by the full court, if it appears that the decree: |
30 | (1) Has been procured by fraud; or |
31 | (2) Does not accurately and completely set forth and describe the nature and location of |
32 | all injuries sustained by the employee. |
33 | (b) The petition shall be served in the same manner as is provided for in chapters 29 - 38 |
34 | of this title for all other petitions. |
| LC005804 - Page 26 of 32 |
1 | (c) The workers' compensation court shall hear any and all petitions and make its |
2 | decision in accordance with those chapters. |
3 | SECTION 7. Section 28-35-35 of the General Laws in Chapter 28-35 entitled "Workers' |
4 | Compensation - Procedure" is hereby repealed. |
5 | 28-35-35. Motion day in supreme court. -- Any court day in the supreme court shall be |
6 | motion day for the purpose of hearing a motion to assign the appeal for hearing. |
7 | SECTION 8. Section 28-36-15 of the General Laws in Chapter 28-36 entitled "Workers' |
8 | Compensation - Insurance" is hereby amended to read as follows: |
9 | 28-36-15. Penalty for failure to secure compensation -- Personal liability of |
10 | corporate officers. -- (a) Any employer required to secure the payment of compensation under |
11 | chapters 29 - 38 of this title who knowingly fails to secure that compensation shall be guilty of a |
12 | felony and shall be subject to imprisonment for up to two (2) years. In addition to the foregoing, |
13 | the employer shall be subject to a civil penalty punished by a fine not to exceed one thousand |
14 | dollars ($1,000) for each day of noncompliance with the requirements of this title. The director |
15 | shall institute any and all reasonable measures to comprehensively monitor, investigate, and |
16 | otherwise discover all employer noncompliance with this section and shall establish rules and |
17 | regulations governing these measures. Each day shall constitute a separate and distinct offense for |
18 | calculation of the penalty. Where that employer is a corporation the president, vice president, |
19 | secretary, treasurer, and other officers of the corporation, shall be severally liable for the fine, |
20 | penalty or imprisonment as provided in this section for the failure of that corporation to secure the |
21 | payment of compensation. The president, vice president, secretary, treasurer, and other officers of |
22 | the corporation shall also be severally personally liable, jointly with the corporation for any |
23 | compensation or other benefit which may accrue under those chapters in respect to any injury |
24 | which may occur to any employee of that corporation while it fails to secure the payment of |
25 | compensation as required by those chapters. |
26 | (b) Where the employer is a limited liability company, the managers and managing |
27 | members who knowingly fail to secure the payment of compensation under chapters 29 - 38 of |
28 | this title shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. |
29 | The managers and managing members shall also be severally liable for the fine, penalty or |
30 | imprisonment as provided in this section for the failure of that company to secure the payment of |
31 | compensation. The managers and managing members shall be severally personally liable, jointly |
32 | with the company, for any compensation or other benefit which may accrue under those chapters |
33 | in respect to any injury which may occur to any employee of that company while it fails to secure |
34 | the payment of compensation as required by those chapters. |
| LC005804 - Page 27 of 32 |
1 | (c) Where the employer is a partnership, or a registered limited liability partnership, the |
2 | partners who knowingly fail to secure the payment of compensation under chapters 29 - 38 of this |
3 | title shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. The |
4 | partners shall also be severally liable for the fine, penalty, or imprisonment as provided in this |
5 | section for the failure of that partnership to secure the payment of compensation. The partners |
6 | shall be severally personally liable, jointly with the partnership, for any compensation or other |
7 | benefit which may accrue under those chapters in respect to any injury which may occur to any |
8 | employee of that partnership while it fails to secure the payment as required by those chapters. |
9 | (d) Where the employer is a limited partnership or a registered limited liability limited |
10 | partnership, the general partners who knowingly fail to secure the payment of compensation |
11 | under chapters 29 - 38 of this title shall be guilty of a felony and shall be subject to imprisonment |
12 | for up to two (2) years. The general partners shall also be severally liable for the fine, penalty or |
13 | imprisonment as provided in this section for the failure of that limited partnership to secure the |
14 | payment of compensation. The general partners shall be severally personally liable, jointly with |
15 | the limited partnership, for any compensation or other benefit which may accrue under those |
16 | chapters in respect to any injury which may occur to any employee of that partnership while it |
17 | fails to secure the payment of compensation as required by those chapters. |
18 | (e) All criminal actions for any violation of this section shall be prosecuted by the |
19 | attorney general. The attorney general shall prosecute actions to enforce the payment of penalties |
20 | and fines at the request of the director. The workers' compensation court shall have jurisdiction |
21 | over all civil actions filed pursuant to this section. |
22 | The court shall consider the following factors in assessing a civil penalty: gravity of |
23 | offense, resources of the employer, effect of the penalty on employees of the company, the reason |
24 | for the lapse in coverage, and the recommendation of the director. Following a review of the |
25 | factors set forth above, the court may suspend all or a part of a civil penalty or shall establish a |
26 | time table for compliance with any court order. |
27 | (f) (1) As soon as practicable after the director receives notice of noncompliance under |
28 | this section, the director shall determine whether cause exists for the imposition of a civil penalty. |
29 | Unless the director determines that the noncompliance was unintentional or the result of a clerical |
30 | error and subject to the administrative proceedings under subsection (g) of this section, the |
31 | director shall commence an action in the workers' compensation court to assess a civil penalty |
32 | against the employer as set forth in subsection (a) of this section and shall refer the matter to the |
33 | attorney general for prosecution of criminal charges. |
34 | (2) The director shall bring a civil action in the workers' compensation court to collect all |
| LC005804 - Page 28 of 32 |
1 | payments and penalties ordered and not paid. All civil actions for any violations of this chapter or |
2 | of any of the rules or regulations promulgated by the director, or for the collection of payments in |
3 | accordance with § 28-37-13, 28-33-17.3(a)(2) or 28-33-17.3(a)(3) or civil penalties under this |
4 | chapter, shall be prosecuted by any qualified member of the Rhode Island bar whom the director |
5 | may designate, in the name of the director, and the director is exempt from giving surety for costs |
6 | in any proceedings. |
7 | (g) In the case of unintentional noncompliance or noncompliance resulting from clerical |
8 | error where the uninsured period is less than one year from the date of discovery and there were |
9 | no employees injured during the uninsured period and the employer has not been subject to any |
10 | other findings of noncompliance with these chapters, the director shall assess an administrative |
11 | penalty of not less than the estimated annual workers' compensation insurance premium for that |
12 | employer and not more than triple that amount. Any party has the right to appeal the orders of the |
13 | director. Such appeal shall be to the workers' compensation court in the first instance and |
14 | thereafter from the workers' compensation court to the Rhode Island supreme court in accordance |
15 | with § 28-35-30. |
16 | (h) The director shall collect all payments under this chapter under the rules and |
17 | regulations that may be set forth by the director. All fines collected pursuant to this section shall |
18 | be deposited to a restricted receipt account to be administered by the director of the department of |
19 | labor and training in his or her sole discretion to carry out chapters 29 - 38 of this title. |
20 | (i) (1) In that the operation of a commercial enterprise without the required workers' |
21 | compensation insurance is a crime and creates a clear and present danger of irreparable harm to |
22 | employees who are injured while the employer is uninsured, the director shall suspend the |
23 | operation of the business immediately and until workers' compensation and employers' liability |
24 | insurance is secured consistent with these chapters. The director shall lift the suspension upon |
25 | receipt of satisfactory proof of insurance and evidence sufficient to satisfy the director that the |
26 | employer is in full compliance with these chapters. Any party has the right to appeal the |
27 | suspension to the workers' compensation court where the matter shall proceed pursuant to the |
28 | workers' compensation court rules of practice procedure. |
29 | (2) In the event that the employer shall fail to comply with the director's order of |
30 | suspension, the director may apply immediately to the workers' compensation court for an order |
31 | directing the employer to comply with the director's prior orders. |
32 | (3) Actions filed with the workers' compensation court pursuant to this section shall not |
33 | be subject to a pretrial conference in accordance with § 28-35-20 but shall be assigned consistent |
34 | with the workers' compensation court rules of practice procedure. |
| LC005804 - Page 29 of 32 |
1 | (4) Interest shall accrue on unpaid penalties during the pendency of any appeal at the rate |
2 | per annum provided in § 9-21-10. |
3 | (j) These provisions shall take effect upon passage except 28-29-2(6)(iv) which shall |
4 | take effect on January 1, 2006. |
5 | SECTION 9. Sections 28-53-2 and 28-53-7 of the General Laws in Chapter 28-53 |
6 | entitled "Rhode Island Uninsured Employers Fund" are hereby amended to read as follows: |
7 | 28-53-2. Establishment -- Sources -- Administration. -- (a) There shall be established |
8 | within the department of labor and training a special restricted receipt account to be known as the |
9 | Rhode Island uninsured employers fund. The fund shall be capitalized from excise taxes assessed |
10 | against uninsured employers pursuant to the provisions of § 28-53-9 of this chapter and from |
11 | general revenues appropriated by the legislature. Beginning in state fiscal year ending June 30, |
12 | 2015 2016, the legislature may appropriate up to two million dollars ($2,000,000) in general |
13 | revenue funds annually for deposit into the Rhode Island uninsured employers fund. |
14 | (b) All moneys in the fund shall be mingled and undivided. The fund shall be |
15 | administered by the director of the department of labor and training or his or her designee, but in |
16 | no case shall the director incur any liability beyond the amounts paid into and earned by the |
17 | fund. |
18 | (c) All amounts owed to the uninsured employers fund from illegally uninsured |
19 | employers are intended to be excise taxes and as such, all ambiguities and uncertainties are to be |
20 | resolved in favor of a determination that such assessments are excise taxes. |
21 | 28-53-7. Payments to employees of uninsured employers. -- (a) Where it is determined |
22 | that the employee was injured in the course of employment while working for an employer who |
23 | fails to maintain a policy of workers' compensation insurance as required by Rhode Island general |
24 | laws § 28-36-1, et seq., the uninsured employers fund shall pay the benefits to which the injured |
25 | employee would be entitled pursuant to chapters 29 to 38 of this title subject to the limitations set |
26 | forth herein. |
27 | (b) The workers' compensation court shall hear all petitions for payment from the fund |
28 | pursuant to Rhode Island general laws § 28-30-1, et seq., provided, however, that the uninsured |
29 | employers fund and the employer shall be named as parties to any petition seeking payment of |
30 | benefits from the fund. |
31 | (c) Where an employee is deemed to be entitled to benefits from the uninsured |
32 | employers fund, the fund shall pay benefits for disability and medical expenses as provided |
33 | pursuant to chapters 29 to 38 of this title except that the employee shall not be entitled to receive |
34 | benefits for loss of function and disfigurement pursuant to the provisions of Rhode Island general |
| LC005804 - Page 30 of 32 |
1 | laws § 28-33-19. |
2 | (d) The fund shall pay cost, counsel and witness fees as provided in Rhode Island |
3 | general laws § 28-35-32 to any employee who successfully prosecutes any petitions for |
4 | compensation, petitions for medical expenses, petitions to amend a pretrial order or memorandum |
5 | of agreement and all other employee petitions and to employees who successfully defend, in |
6 | whole or in part, proceedings seeking to reduce or terminate any and all workers' compensation |
7 | benefits; provided, however, that the attorney's fees awarded to counsel who represent the |
8 | employee in petitions for lump sum commutation filed pursuant to Rhode Island general laws |
9 | § 28-33-25 or in the settlement of disputed cases pursuant to Rhode Island general laws § 28-33- |
10 | 25.1 shall be limited to the maximum amount paid to counsel who serve as court appointed |
11 | attorneys in workers' compensation proceedings as established by rule or order of the Rhode |
12 | Island supreme court. |
13 | (e) In the event that the uninsured employer makes payment of any monies to the |
14 | employee to compensate the employee for lost wages or medical expenses, the fund shall be |
15 | entitled to a credit for all such monies received by or on behalf of the employee against any future |
16 | benefits payable directly to the employee. |
17 | (f) This section shall apply to injuries that occur on or after January 1, 2015 2016. |
18 | SECTION 10. Section 36-10-31 of the General Laws in Chapter 36-10 entitled |
19 | "Retirement System-Contributions and Benefits" is hereby amended to read as follows: |
20 | 36-10-31. Deduction of amounts received from workers' compensation or as |
21 | damages. -- Any amount paid or payable under the provisions of any workers' compensation law |
22 | exclusive of Medicare set-aside allocations, specific compensation benefits or any benefits |
23 | authorized by the terms of a collective bargaining agreement or as the result of any action for |
24 | damages for personal injuries against the state of Rhode Island on account of the death or |
25 | disability of a member shall be offset against and payable in lieu of any benefits payable out of |
26 | funds provided by the state under the provisions of this chapter on account of the death or |
27 | disability of the member. If the value of the total commuted benefits under any workers' |
28 | compensation law or action is less than the present value on an actuarial basis of the benefits |
29 | otherwise payable under this chapter, the value of the commuted payments shall be deducted |
30 | from the present value of the benefits and the balance thereof shall be payable under the |
31 | provisions of this chapter. |
32 | SECTION 11. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION - | |
GENERAL PROVISIONS | |
*** | |
1 | This act would make various changes to the jurisdiction, procedure, and administration of |
2 | the Rhode Island workers' compensation court. |
3 | This act would take effect upon passage. |
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