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Home » US Law » 2022 Rhode Island General Laws » Title 28 - Labor and Labor Relations » Chapter 28-35 - Workers’ Compensation — Procedure

Section 28-35-1. – Filing of memorandum of agreement.

§ 28-35-1. Filing of memorandum of agreement. (a) If the employer makes payments of compensation to an employee or those entitled to compensation on account of the death of an employee under chapters 29 — 38 of this title, a memorandum of that agreement signed by the employer or the employer’s insurer shall be filed […]

Section 28-35-10. – Duplicates of documents furnished to employee — Inadmissibility of documents when copies not furnished.

§ 28-35-10. Duplicates of documents furnished to employee — Inadmissibility of documents when copies not furnished. Where an employer, his or her insurer, or the agents or independent contractors of either obtains from an injured employee any paper, document, report, statement, or agreement, including hospital records, nurses’ notes, personnel records, reports, or statements by forepersons […]

Section 28-35-11. – Questions determined by court.

§ 28-35-11. Questions determined by court. All questions arising under chapters 29 — 38 of this title and § 45-21.2-9 shall, except as otherwise provided, be determined by the workers’ compensation court in accordance with the provisions of those chapters. History of Section.P.L. 1912, ch. 831, art. 3, § 20; G.L. 1923, ch. 92, art. […]

Section 28-35-12. – Petition for determination of controversy — Contents and filing.

§ 28-35-12. Petition for determination of controversy — Contents and filing. (a) In all disputes between an employer and employee in regard to compensation or any other obligation established under chapters 29 — 38 of this title, and when death has resulted from the injury and the dependents of the deceased employee entitled to compensation […]

Section 28-35-12.1. – Prompt decision required.

§ 28-35-12.1. Prompt decision required. 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 […]

Section 28-35-13. – Insurance commissioner as agent to receive process.

§ 28-35-13. Insurance commissioner as agent to receive process. 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 […]

Section 28-35-14. – Copies of petition to respondents.

§ 28-35-14. Copies of petition to respondents. 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 with the […]

Section 28-35-15. – Service on parties outside state.

§ 28-35-15. Service on parties outside state. 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 […]

Section 28-35-16. – Filing of answer — Additional parties.

§ 28-35-16. Filing of answer — Additional parties. 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 reference […]

Section 28-35-17. – Notice and conduct of hearings.

§ 28-35-17. Notice and conduct of hearings. (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. […]

Section 28-35-17.1. – Assessment of costs of delay.

§ 28-35-17.1. Assessment of costs of delay. (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, employee, insurance […]

Section 28-35-18. – Hearings by compensation agencies of other states or territories.

§ 28-35-18. Hearings by compensation agencies of other states or territories. 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 […]

Section 28-35-20. – Informal pretrial conference.

§ 28-35-20. Informal pretrial conference. (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 […]

Section 28-35-21. – Admissibility of medical and wage records.

§ 28-35-21. Admissibility of medical and wage records. (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 determination of […]

Section 28-35-23. – Ex parte testimony.

§ 28-35-23. Ex parte testimony. 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. History of Section.G.L. 1938, ch. 300, art. 3, § 3; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-23.

Section 28-35-24. – Examination by or opinion of impartial physician.

§ 28-35-24. Examination by or opinion of impartial physician. (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 an […]

Section 28-35-25. – Disobedience of subpoena.

§ 28-35-25. Disobedience of subpoena. 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 correctional institutions not longer than […]