2013 -- H 5693

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LC01123

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION -

PROCEDURE

     Introduced By: Representatives DeSimone, Lally, Palumbo, Lima, and Slater

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-35-12 of the General Laws in Chapter 28-35 entitled "Workers'

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Compensation - Procedure" is hereby amended to read as follows:

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     28-35-12. Petition for determination of controversy -- Contents and filing. -- (a) In all

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disputes between an employer and employee in regard to compensation or any other obligation

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established under chapters 29 -- 38 of this title, and when death has resulted from the injury and

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the dependents of the deceased employee entitled to compensation are, or its apportionment

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among them is, in dispute, any person in interest or his or her duly authorized representative may

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file with the administrator of the workers' compensation court a petition and as many copies of it

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as there are respondent parties to the dispute upon forms prescribed and furnished by the court,

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setting forth the names and residences of the parties, the facts relating to employment at the time

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of injury, the cause, extent, and character of the injury, the amount of wages, earnings, or salary

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received at the time of the injury, and the knowledge of the employer of notice of the occurrence

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of the injury, and any other facts that may be necessary and proper for the information of the

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court, and shall state the matter in dispute and the claims of the petitioner with reference to it;

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provided, that no petition shall be filed within twenty-one (21) seven (7) days of the date of the

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injury and no petition regarding any other obligation established under chapters 29 -- 38 of this

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title shall be filed until twenty-one (21) seven (7) days after written demand for payment upon the

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employer or insurer or written notice to the employer or insurer of failure to fulfill the obligation,

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except that any petition alleging the non-payment or late payment of weekly compensation

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benefits, attorneys' fees, and costs, may be filed after fourteen (14) days from the date the

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payment is due as set forth in sections 28-35-42, 28-35-43, and 28-35-20(c). Medical bills for

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services ordered paid by decree or pretrial order shall be paid within fourteen (14) days of the

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entry of the decree or order. In the event that the bills are not paid within the fourteen (14) day

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period, a petition may be filed to enforce said order or decree without any additional written

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notice to the employer or insurer.

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      (b) (1) If one or more claims are filed for an injury and there are two (2) or more

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insurers, any one of which may be held to be liable to pay compensation, and the judge

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determines that the injured employee would be entitled to receive compensation but for the

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existence of a controversy as to which one of the insurers is liable to pay compensation, one of

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the insurers shall be selected by a judge of the workers' compensation court, to pay to the injured

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employee the compensation, pending a final decision of the workers' compensation court as to the

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matter in controversy, and that decision shall require that the amount of compensation paid shall

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be deducted from the award if made against another insurer and shall be paid by that other insurer

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to the insurer selected by the judge.

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      (2) The workers' compensation court shall award compensation, costs, and attorneys'

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fees in its discretion if one of the insurers is held to be liable following the hearing.

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      (c) If any determination of the workers' compensation court entitles an employee to

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retroactive payment of weekly benefits, the court shall award to the employee interest at the rate

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per annum provided in section 9-21-10 on that retroactive weekly payment from six (6) months

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subsequent to the date that the employee first filed a petition for benefits to the time when that

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retroactive payment is actually made. If the proceedings are unduly delayed by or at the request

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of the employee or his or her attorney, the judge may reduce or eliminate interest on retroactive

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payment; provided, that the provisions of this section as they relate to interest shall apply only to

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petitions filed on or after July 1, 1984.

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      (d) Any fine, penalty, or interest expense incurred by an insurer under this section may

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not be used as an expense for the purpose of seeking a rate increase before the department of

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business regulation.

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     SECTION 2. This act shall take effect upon passage.

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LC01123

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION -

PROCEDURE

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     This act would reduce the waiting periods for workers' compensation filings, now

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variously twenty-one (21) or fourteen (14) days, to seven (7) days.

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     This act would take effect upon passage.

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LC01123

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