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Home » US Law » 2022 Rhode Island General Laws » Title 28 - Labor and Labor Relations » Chapter 28-41 - Temporary Disability Insurance — Benefits

Section 28-41-1. – Fund from which benefits payable — Agencies through which paid.

§ 28-41-1. Fund from which benefits payable — Agencies through which paid. Benefits shall be payable from the fund and shall be paid through employment offices, or any other agencies that the director may designate and the federal Social Security Administration may approve, in accordance with prescribed regulations. History of Section.P.L. 1942, ch. 1200, § […]

Section 28-41-10. – Benefits payable for last week of benefit year.

§ 28-41-10. Benefits payable for last week of benefit year. Notwithstanding any provision of chapters 39 — 41 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week throughout which he or she is unemployed due to sickness and eligible and his or her […]

Section 28-41-11. – Eligibility.

§ 28-41-11. Eligibility. (a) For benefit years beginning on or after July 1, 1981, and prior to October 7, 1990, an individual shall be deemed eligible for benefits for any given week of his or her unemployment due to sickness only if he or she has, within the base period immediately preceding the benefit year […]

Section 28-41-12. – [Repealed.]

§ 28-41-12. [Repealed.] History of Section.P.L. 1942, ch. 1200, § 6; P.L. 1947, ch. 1949, § 1; P.L. 1949, ch. 2176, § 1; P.L. 1955, ch. 3429, § 1; G.L. 1956, § 28-41-12; P.L. 1958, ch. 193, § 1; P.L. 1958 (s.s.), ch. 211, § 4; P.L. 1961, ch. 97, § 2; P.L. 1985, ch. […]

Section 28-41-13. – Disqualification by receipt of unemployment compensation benefits.

§ 28-41-13. Disqualification by receipt of unemployment compensation benefits. (a)(1) An individual shall be disqualified from receiving benefits during any week with respect to which he or she will receive remuneration in the form of benefits under an unemployment compensation law of any state or of the United States. (2) Notwithstanding any provisions of chapters […]

Section 28-41-14. – Disqualification by conviction of fraud.

§ 28-41-14. Disqualification by conviction of fraud. (a) An individual who has been convicted by a court of competent jurisdiction of knowingly or fraudulently making a false statement, or knowingly or fraudulently misrepresenting a material fact, with intent to defraud the temporary disability insurance fund of any benefit or wrongfully to obtain or increase any […]

Section 28-41-16. – Determination of claim.

§ 28-41-16. Determination of claim. (a) Upon the filing of a claim, the director shall promptly examine the claim and on the basis of facts found by the director and records maintained by the department, the claim shall be determined to be valid or invalid. If the claim is determined to be valid, the director […]

Section 28-41-17. – Appeal tribunals.

§ 28-41-17. Appeal tribunals. To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom shall constitute an appeal tribunal to hear and decide appeals from determinations and re-determinations. The board may make appointments to this tribunal and fix its salaries in accordance with the state […]

Section 28-41-18. – Filing of appeal — Parties — Withdrawal.

§ 28-41-18. Filing of appeal — Parties — Withdrawal. Any claimant may file an appeal from the determination of the director to an appeal tribunal within the specified time. The parties to an appeal from a determination shall include all interested parties, including the director. Appeals may be withdrawn at the request of the appellant […]

Section 28-41-19. – Hearing by appeal tribunal — Regulations — Record of proceedings.

§ 28-41-19. Hearing by appeal tribunal — Regulations — Record of proceedings. A reasonable opportunity for a fair hearing shall promptly be afforded all interested parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. The board […]

Section 28-41-2. – Wages included for benefit purposes.

§ 28-41-2. Wages included for benefit purposes. Notwithstanding any provisions of chapters 39 — 41 of this title to the contrary, “wages” as used in the phrase “wages for employment from employers” means, with reference to the benefits provisions of chapters 39 — 41 of this title, only those wages that are paid subsequent to […]

Section 28-41-20. – Consolidated appeals.

§ 28-41-20. Consolidated appeals. When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all those cases may be fixed, hearings on the evidence jointly conducted, a single record of the proceedings made, and evidence introduced with […]

Section 28-41-21. – Decision of appeal tribunal or referee.

§ 28-41-21. Decision of appeal tribunal or referee. (a) After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the director’s determination. Each party shall be promptly furnished a copy of the decision and the supporting findings and conclusions. This […]

Section 28-41-22. – Appeal to and review by board.

§ 28-41-22. Appeal to and review by board. Any party in interest, including the director, shall be allowed an appeal to the board of review from the decision of an appeal tribunal. The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within fifteen (15) days […]

Section 28-41-23. – Removal to board of cases pending before appeal tribunals.

§ 28-41-23. Removal to board of cases pending before appeal tribunals. The board of review may remove to itself or transfer to another appeal tribunal any appeal pending before an appeal tribunal. An appeal so removed to the board before a fair hearing has been completed shall be given a fair hearing by the board, […]

Section 28-41-25. – Rule of decision — Certification of questions to board.

§ 28-41-25. Rule of decision — Certification of questions to board. Final decisions of the board of review and the principles of law declared in their support shall be binding in all subsequent proceedings involving similar questions, unless expressly or impliedly overruled by a later decision of the board or of a court of competent […]

Section 28-41-26. – Denial of appeal to board deemed decision of board.

§ 28-41-26. Denial of appeal to board deemed decision of board. For the purposes of judicial review, an appeal tribunal’s decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board, except that the time for initiating judicial review shall run […]

Section 28-41-27. – Judicial appeals.

§ 28-41-27. Judicial appeals. Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court, pursuant to chapter 35 of title 42, the administrative procedures act. History of Section.P.L. 1942, ch. 1200, § 8; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, […]