2016 -- S 2649

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LC004855

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

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

BENEFITS

     Introduced By: Senators Lombardo, Conley, and Archambault

     Date Introduced: February 25, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

considered as absence for a calendar week.

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

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

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

comparative change of condition.

     SECTION 2. 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--

BENEFITS

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     This act would relieve any party who files a workers' compensation petition alleging an

employee's recurrence of decrease of capacity to work of their former obligation to document a

comparative change of their medical condition.

     This act would take effect upon passage.

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