2014 -- S 2412

========

LC004196

========

     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 --

PROCEDURE

     Introduced By: Senator Michael J.McCaffrey

     Date Introduced: February 27, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-35-8 of the General Laws in Chapter 28-35 entitled "Workers'

Compensation - Procedure" is hereby amended to read as follows:

     28-35-8. Filing of non-prejudicial memorandum of agreement. -- (a) Notwithstanding

section 28-35-1, if the employer files a memorandum of agreement but specifically designates

that agreement as a "non-prejudicial" or "without prejudice", the employer may pay weekly

compensation benefits not exceeding thirteen (13) weeks. In these cases, the employer shall send

a copy of the non-prejudicial memorandum and any amendments to it to the employee and his or

her attorney or the representative of the decedent and his or her attorney by certified mail, return

receipt requested, at the same time as it is filed with the department in the same manner as if it

were a memorandum of agreement. The non-prejudicial memorandum of agreement shall contain

all information as directed by section 28-35-1. Having done so, the non-prejudicial memorandum

of agreement and, with the exception of information relating to the report of earnings, any action

taken pursuant to it shall be without prejudice to any party subsequently maintaining any position

as to employer liability for payments under chapters 29 -- 38 of this title, maintainable in the

absence of an agreement. If at any time within or at the close of the thirteen-week period after

payments of compensation have commenced the employer or insurer terminates weekly payments

to the employee or to those entitled to payments on account of death of an employee, the

employer or insurer shall notify the employee and his or her attorney or the representative of the

decedent employee and his or her attorney within ten (10) days on a form prescribed by the

department that:

      (1) Payments have terminated;

      (2) The claim has not been formally accepted; and

      (3) The employee has the right to file a petition, within the two (2) year limitation as set

forth in section 28-35-57, to formally establish liability of the employer or insurer.

      (b) If the employer or insurer makes payments of weekly benefits to the employee or to

those entitled to payments on account of death of an employee for more than the thirteen (13)

week period, the payments shall constitute a conclusive admission of liability and ongoing

incapacity as to the injuries set forth in the non-prejudicial memorandum of agreement. The

employer or insurer shall within ten (10) days of making additional payments file a memorandum

of agreement pursuant to section 28-35-1.

     SECTION 2. This act shall take effect upon passage.

========

LC004196

========

LC004196 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION --

PROCEDURE

***

     This act would eliminate the requirement that a non-prejudicial workers' compensation

memorandum of agreement contain a listing of the injured worker's earnings.

     This act would take effect upon passage.

========

LC004196

========

LC004196 - Page 3 of 3