2012 -- H 7251

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LC00692

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE BENEFITS

     Introduced By: Representative Agostinho F. Silva

     Date Introduced: January 25, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-41-31 of the General Laws in Chapter 28-41 entitled

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"Temporary Disability Insurance - Benefits" is hereby amended to read as follows:

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     28-41-31. Fees charged claimants. – (a) No individual claiming benefits shall be

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charged fees of any kind by the director or his or her representative, or by the board of review or

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its representatives, in any proceeding under chapters 39 -- 41 of this title. Any individual claiming

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benefits in any proceeding or court action may be represented by counsel or other duly authorized

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agent. The director shall have the authority to fix the fees of that counsel or other duly authorized

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agent, but no counsel or agents shall together be allowed to charge or receive for those services

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more than ten per cent (10%) of the maximum benefits at issue in that proceeding or court action,

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but not less than fifty dollars ($50.00), except as specifically allowed by the superior court.

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     (b) In any case in which either an employer appeals from a determination in favor of the

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claimant or a claimant appeals from a decision unfavorable to the claimant to an appeals body

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other than a court of law and the claimant retains an attorney-at-law to represent him or her, the

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attorney shall be entitled to a counsel fee of fifteen percent (15%) of the amount of benefits at

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issue before the appeals body, but not less than fifty dollars ($50.00), which shall be paid by the

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director out of the insurance funds, within thirty (30) days of the date of his or her appearance.

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     (c)(1) An attorney-at-law who represents an individual claiming benefits on an appeal to

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the courts shall be entitled to counsel fees upon final disposition of the case and necessary court

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costs and printing disbursements as fixed by the court.

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     (2) The director shall pay those counsel fees, costs, and disbursements, out of the

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insurance funds in each of the following cases:

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     (i) Any court appeal taken by a party other than the claimant from an administrative or

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judicial decision favorable in whole or in part to the claimant;

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     (ii) Any court appeal by a claimant from a decision denying or reducing benefits awarded

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under a prior administrative or judicial decision;

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     (iii) Any court appeal as a result of which the claimant is awarded benefits.

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     SECTION 2. This act shall take effect upon passage.

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LC00692

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE BENEFITS

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     This act would permit attorney fees to be paid from insurance funds by the director in

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certain cases involving temporary disability benefits.

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     This act would take effect upon passage.

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LC00692

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