Title 28, Title 28 and Labor Relations

The judge who hears a case pursuant to § 28-35-12 shall render his or her decision no later than thirty (30) days after each party has completed presenting its case. This provision shall not apply in any case for which the judge has shown just cause, as determined by rules of pra…

Every employer subject to or who elects to become subject to chapters 29 — 38 of this title and/or his or her insurer shall be deemed to have appointed the insurance commissioner of this state or his or her successor in office to be his or her true and lawful attorney upon whom m…

Upon filing with the workers’ compensation court of any petition, stating the general nature of any claim as to which any dispute or controversy may have arisen, the petitioner shall serve a copy of the petition and its attachments on the respondent or respondents in accordance w…

In case an interested party is located out of the state, and has no post office address within this state, a copy of the petition and copies of all notices shall be filed by the petitioner in the office of the insurance commissioner and shall also be sent by registered or certifi…

Within ten (10) days of the filing of the petition, the respondent or respondents shall file an answer to the petition with the workers’ compensation court and send a copy of it to the petitioner, identifying the specific issues disputed by the respondent or respondents with refe…

(a) Upon the filing of any petition the court shall assign the matter to a judge. The court shall issue notice at that time, advising the parties of the judge to whom the case has been assigned and the date for pretrial conference in accordance with § 28-35-20. (b) Upon filing of…

(a) With respect to any delay or continuance of any matter or proceeding before the workers’ compensation court, the court shall have the discretion to determine whether the delay or continuance was due to action or inaction, without just cause, on the part of an employer, employ…

The workers’ compensation court may also arrange to have hearings held by the workers’ compensation court officer or tribunal having authority to hear cases arising under the workers’ compensation law of any other state, of the District of Columbia, or of any territory of the Uni…

(a) If the workers’ compensation court has reason to believe that the payment of compensation has not been made, although it should have been made, it may on its own motion give notice to the parties of a time and place when a hearing will be had before the court for the purpose …

When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment of compensation among them is, in dispute, the memorandum of agreement may relate only to the amount of compensation and to the persons to whom t…

(a) Before any case shall proceed to a trial, the judge shall conduct a mandatory pretrial conference within twenty-one (21) days of the date of filing with a view to expediting the case and reducing the issues in dispute to a minimum, notice of which shall be sent by the adminis…

(a) The certified copy of the record of a licensed healthcare facility as defined in chapter 17 of title 23 or of any healthcare provider or medical personnel licensed to practice under title 5 shall be admissible as evidence in any workers’ compensation proceeding. The determina…

The workers’ compensation court may, with notice to all parties, cause testimony to be taken or an inspection of the premises where the injury occurred, to be had, or cause the time books and payroll records of the employer to be examined by any judge of the workers’ compensation…

All ex parte testimony taken by the workers’ compensation court shall be reduced to writing and either party shall have opportunity to rebut it at any hearing where introduced.

(a) Whenever the testimony presented at any hearing indicates a dispute, or creates doubt, as to the extent, nature, or cause of disability or death, the workers’ compensation court may direct that the injured employee be examined, or may obtain an opinion without examination of …

Any person subpoenaed who willfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or imprisoned in the adult correc…

The workers’ compensation court may require the appointment of a guardian for any person who is mentally incompetent or a minor to act for and on behalf of that employee within the meaning of chapters 29 — 38 of this title.

(a) In any controversy over which the workers’ compensation court has jurisdiction pursuant to this chapter and § 45-21.2-9, any judge of that court shall, pursuant to §§ 28-35-11 — 28-35-28, and the rules of practice of the court, hear all questions of law and fact involved in t…

(a)(1) Any person aggrieved by the entry of a decree by a trial judge may appeal to the appellate division established pursuant to this section by filing with the court within five (5) days of the date of the entry of a decree, exclusive of Saturdays, Sundays, and holidays, a cla…

(a) Hearings reporters or electronic court reporters shall report, stenographically or electronically, the proceedings in the trial of every action or proceeding in the workers’ compensation court. Electronic court reporting shall be used only when hearings reporters are unavaila…

(a) Any person aggrieved by a final decree of the appellate division of the workers’ compensation court rendered pursuant to § 28-35-28 may, within twenty (20) days from the entry of the final decree, petition the supreme court for a writ of certiorari to review the decree on the…

(a) Upon petition for certiorari, the supreme court may affirm, set aside, or modify any decree of the appellate commission of the workers’ compensation court only upon the following grounds: (1) That the workers’ compensation court acted without or in excess of its authority; (2…

(a) Upon the filing of reasons of appeal and transcript, the workers’ compensation court shall present the transcript to the judge who heard the cause, and in case of vacancy in office, or for any cause where the court is unable to present the transcript to the judge who heard th…

Notwithstanding any provisions of law to the contrary, the workers’ compensation court shall be allowed a filing fee of twenty dollars ($20.00) for the filing of a petition under chapters 29 — 38 of this title and a filing fee of twenty-five dollars ($25.00) for the filing of an …

Any decree entered by the workers’ compensation court acting within its powers shall, in the absence of fraud, be final, and shall take effect immediately upon being entered, and enforcement of the decree shall not be stayed pending appeal. If benefits have been ordered to be pai…

As provided in this chapter, the claim of appeal shall not suspend the operation of the decree appealed from, but, in case of default in taking the procedure required, the workers’ compensation court upon motion of any party may proceed as if no claim of appeal had been made, unl…

The supreme court after hearing any appeal shall determine the appeal, and affirm, reverse, or modify the decree appealed from, and may itself take, or cause to be taken by the workers’ compensation court, any further proceedings that shall seem just. If a new decree is necessary…

No process for the execution of any decree of the workers’ compensation court from which an appeal may be taken shall issue until the expiration of the appeal period, unless all parties against whom the decree is made, file with the court a waiver of appeal or by causing an entry…

If, in the course of the proceedings in any cause, any question of law arises which in the opinion of the workers’ compensation court is of such doubt and importance, and so affects the merits of the controversy, that it ought to be determined by the supreme court before further …

Compensation under chapters 29 — 38 of this title shall be paid by check as defined in § 6A-3-104 and not by draft, or if mutually agreed upon by both the employee and the employer or employer’s insurer in accordance with § 28-35-40, by electronic fund transfer, or by electronic …

Whenever the employee is entitled to weekly compensation under chapters 29 — 38 of this title, the employer, and/or insurance carrier, until further order of the workers’ compensation court, shall cause to be paid by electronic fund transfer; or issued as an electronic access dev…

For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after the employer has notice of an injury or death as provided in chapters 29 — 38 of this title and has received the initial medical report referred to in § 28-33-8, the employer or employer’…

If any payment of compensation is not paid within fourteen (14) days after it becomes due, there shall be added to that unpaid payment an amount equal to ten percent (10%) of it, which shall be paid at the same time as, but in addition to, that payment, unless the nonpayment is e…

Payment of compensation under a decision of the court becomes due upon the effective date of the order and weekly thereafter on the same day. If any payment payable under the terms of an order or decree is not paid within fourteen (14) days after it becomes due there shall be add…

If an employee receiving a weekly payment under chapters 29 — 38 of this title ceases to reside in the state, or if his or her residence at the time of accident is in an adjoining state, the workers’ compensation court, upon the application of either party, may, in its discretion…

(a) At any time after the date of the approval of any agreement or at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased under the agreement or decree, within ten (10) years after that, any agreement, award, order, finding, …

Within sixty (60) days after the discontinuance or suspension of compensation payments under § 28-33-18(d), the employer and/or insurer shall file with the director of labor and training, with a copy to the employee and his or her attorney, and also to the employer if filed by th…

Any employer or insurer who or that has made payment to an injured employee or those entitled to compensation on account of the death of an employee which payment has been procured by fraud, coercion, or mutual mistake of fact; or any injured employee or those entitled to compens…

The employer shall not be entitled to any relief granted by §§ 28-35-39 — 28-35-52 if payments in accordance with the existing agreement or decree are not paid in full to the date of the filing of the petition or notice, or the date of the hearing before the commission, or if pay…

Whenever the director certifies to the workers’ compensation court papers, agreements, and documents in any proceedings as are provided in chapters 29 — 38 of this title, he or she shall certify them to the workers’ compensation court.

Whenever, under chapters 29 — 38 of this title, the day, or the last day, for the filing with the workers’ compensation court, of any original petition or other petition, motion, decree, claim of appeal, reasons of appeal, brief, or other document, or for the doing of any act req…

No proceedings under chapters 29 — 38 of this title shall abate because of the death of the petitioner, but may be prosecuted by his or her legal representative or by any person entitled to compensation by reason of his or her death under those chapters.

(a) An employee’s claim for compensation under chapters 29 — 38 of this title shall be barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has been filed within two (2) years after the occurrence or manifestation of the inju…

An employee’s claim for compensation from an employer under chapters 29 to 38 of this title shall be barred from the date the employee commences employment for a period of two (2) years in the event the employee has willfully provided false information as to his or her ability to…

(a) Where the injury for which compensation is payable under chapters 29 — 38 of this title was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect of the injury, the employee may take proceedings, both against th…

(a) If the workers’ compensation court makes any amendment or addition to the memorandum of agreement, the workers’ compensation court shall immediately notify the department of the changes in the agreement. (b) If an employer or insurer and an employee and his or her attorney, i…