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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 28-35-26. – Appointment of guardian.

§ 28-35-26. Appointment of guardian. 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. History of Section.P.L. 1912, ch. 831, art. 3, § […]

Section 28-35-27. – Decision of controversies — Decree.

§ 28-35-27. Decision of controversies — Decree. (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 […]

Section 28-35-28. – Appeal to appellate division.

§ 28-35-28. Appeal to appellate division. (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, […]

Section 28-35-28.1. – Reports of hearings — Transcripts.

§ 28-35-28.1. Reports of hearings — Transcripts. (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 unavailable for any reason. (b) Each hearings reporter or electronic […]

Section 28-35-29. – Review by supreme court — Procedure.

§ 28-35-29. Review by supreme court — Procedure. (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 […]

Section 28-35-30. – Grounds for review by supreme court.

§ 28-35-30. Grounds for review by supreme court. (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) That the […]

Section 28-35-31. – Transcript on appeal.

§ 28-35-31. Transcript on appeal. (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 […]

Section 28-35-32. – Costs — Counsel and witness fees.

§ 28-35-32. Costs — Counsel and witness fees. 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 […]

Section 28-35-33. – Finality of decree — Stay of decree.

§ 28-35-33. Finality of decree — Stay of decree. 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 […]

Section 28-35-34. – Default in appellate procedure.

§ 28-35-34. Default in appellate procedure. 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, […]

Section 28-35-35. – [Repealed.]

§ 28-35-35. [Repealed.] History of Section.P.L. 1912, ch. 831, art. 3, § 10; G.L. 1923, ch. 92, art. 3, § 9; G.L. 1938, ch. 300, art. 3, § 9; G.L. 1938, ch. 300, art. 3, § 8; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-35; Repealed by P.L. 2014, ch. 78, § 7, […]

Section 28-35-36. – Action by supreme court.

§ 28-35-36. Action by supreme court. 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, it shall […]

Section 28-35-37. – Delay of process for execution of decree.

§ 28-35-37. Delay of process for execution of decree. 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 […]

Section 28-35-38. – Certification of questions to supreme court.

§ 28-35-38. Certification of questions to supreme court. 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 […]

Section 28-35-39. – Payment of compensation.

§ 28-35-39. Payment of compensation. 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 […]

Section 28-35-40. – Delivery of weekly compensation.

§ 28-35-40. Delivery of weekly compensation. 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 device; or mailed first-class mail […]

Section 28-35-42. – Penalty for delinquency in payment.

§ 28-35-42. Penalty for delinquency in payment. 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, […]