2026 -- H 8524

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LC006432

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--

GENERAL PROVISIONS

     Introduced By: Representatives Corvese, Kennedy, Azzinaro, Solomon, Casey, McEntee,
Noret, and Read

     Date Introduced: May 06, 2026

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-29-2 of the General Laws in Chapter 28-29 entitled "Workers’

Compensation — General Provisions" is hereby amended to read as follows:

     28-29-2. Definitions.

     In chapters 29 — 38 of this title, unless the context otherwise requires:

     (1) “Department” means the department of labor and training.

     (2) “Director” means the director of labor and training or the director's designee unless

specifically stated otherwise.

     (3)(i) “Earnings capacity” means the weekly straight-time earnings that an employee could

receive if the employee accepted an actual offer of suitable alternative employment. Earnings

capacity can also be established by the court based on evidence of ability to earn, including, but not

limited to, a determination of the degree of functional impairment and/or disability, that an

employee is capable of employment. The court may, in its discretion, take into consideration the

performance of the employee’s duty to actively seek employment in scheduling the implementation

of the reduction. The employer need not identify particular employment before the court can direct

an earnings capacity adjustment. In the event that an employee returns to light-duty employment

while partially disabled, an earnings capacity shall not be set based upon actual wages earned until

the employee has successfully worked at light duty for a period of at least thirteen (13) weeks.

     (ii) As used under the provisions of this title, “functional impairment” means an anatomical

or functional abnormality existing after the date of maximum medical improvement as determined

by a medically or scientifically demonstrable finding and based upon the sixth (6th) edition of the

American Medical Association’s Guide to the Evaluation of Permanent Impairment or comparable

publications of the American Medical Association.

     (iii) In the event that an employee returns to employment at an average weekly wage equal

to the employee’s pre-injury earnings exclusive of overtime, the employee will be presumed to

have regained their earning capacity.

     (4)(i) “Employee” means any person who has entered into the employment of or works

under contract of service or apprenticeship with any employer, except that in the case of a city or

town other than the city of Providence it shall only mean that class or those classes of employees

as may be designated by a city, town, or regional school district in a manner provided in this chapter

to receive compensation under chapters 29 — 38 of this title.

     (ii) Any person employed by the state of Rhode Island, or by the Rhode Island airport

corporation, except for sworn employees of the Rhode Island state police, who is otherwise entitled

to the benefits of chapter 19 of title 45 shall be subject to the provisions of chapters 29 — 38 of this

title for case management procedures and dispute resolution by the workers’ compensation court

for all petitions filed on or after July 1, 2025, for the following benefit and disability determinations:

     (A) All disputes concerning original liability on matters filed pursuant to § 45-19-1;

     (A)(B) The nature and status of disability of the injured employee;

     (B)(C) The nature and location of injury relative to the work incident;

     (C)(D) Maximum medical improvement (MMI), as it is defined under § 28-33-2(9) 28-29-

2(9);

     (D)(E) All issues of legal and/or medical causation;

     (E)(F) Suitable alternative employment; and

     (F)(G) The assignment of fees and costs pursuant to the provisions of § 28-35-32. The court

may in its discretion appoint an impartial medical examiner in accordance with § 28-33-35. The

court shall hereby be empowered to enforce all of its orders, decrees, and consent agreements of

the parties.

     (iii) The term “employee” does not include any individual who is a shareholder or director

in a corporation, general or limited partners in a general partnership, a registered limited liability

partnership, a limited partnership, or partners in a registered limited liability limited partnership, or

any individual who is a member in a limited liability company. These exclusions do not apply to

shareholders, directors, and members who have entered into the employment of or who work under

a contract of service or apprenticeship within a corporation or a limited liability company.

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     (iv) The term “employee” also does not include a sole proprietor, independent contractor,

or a person whose employment is of a casual nature, and who is employed other than for the purpose

of the employer’s trade or business, or a person whose services are voluntary or who performs

charitable acts, nor shall it include the members of the regularly organized fire and police

departments of any town or city except for appeals from an order of the retirement board filed

pursuant to the provisions of § 45-21.2-9; provided, however, that it shall include the members of

the police and aircraft rescue and firefighting (ARFF) units of the Rhode Island airport corporation.

     (v) Whenever a contractor has contracted with the state, a city, town, or regional school

district, any person employed by that contractor in work under contract shall not be deemed an

employee of the state, city, town, or regional school district as the case may be.

     (vi) Any person who on or after January 1, 1999, was an employee and became a corporate

officer shall remain an employee, for purposes of these chapters, unless and until coverage under

this act is waived pursuant to § 28-29-8(b) or § 28-29-17. Any person who is appointed a corporate

officer between January 1, 1999, and December 31, 2001, and was not previously an employee of

the corporation, will not be considered an employee, for purposes of these chapters, unless that

corporate officer has filed a notice pursuant to § 28-29-19(c).

     (vii) In the case of a person whose services are voluntary or who performs charitable acts,

any benefit received, in the form of monetary remuneration or otherwise, shall be reportable to the

appropriate taxation authority but shall not be deemed to be wages earned under contract of hire

for purposes of qualifying for benefits under chapters 29 — 38 of this title.

     (viii) Any reference to an employee who had been injured shall, where the employee is

dead, include a reference to the employee’s dependents as defined in this section, or to the

employee’s legal representatives, or, where the employee is a minor or incompetent, to the

employee’s conservator or guardian.

     (ix) A “seasonal occupation” means those occupations in which work is performed on a

seasonal basis of not more than sixteen (16) weeks.

     (5) “Employer” includes any person, partnership, corporation, or voluntary association, and

the legal representative of a deceased employer; it includes the state, and the city of Providence. It

also includes each city, town, and regional school district in the state that votes or accepts the

provisions of chapters 29 — 38 of this title in the manner provided in this chapter or is a party to

an appeal from an order of the retirement board filed pursuant to the provisions of § 45-21.2-9.

     (6) “General or special employer”:

     (i) “General employer” includes but is not limited to temporary help companies and

employee leasing companies and means a person who for consideration and as the regular course

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of its business supplies an employee with or without vehicle to another person.

     (ii) “Special employer” means a person who contracts for services with a general employer

for the use of an employee, a vehicle, or both.

     (iii) Whenever there is a general employer and special employer wherein the general

employer supplies to the special employer an employee and the general employer pays or is

obligated to pay the wages or salaries of the supplied employee, then, notwithstanding the fact that

direction and control is in the special employer and not the general employer, the general employer,

if it is subject to the provisions of the workers’ compensation act or has accepted that act, shall be

deemed to be the employer as set forth in subsection (5) of this section and both the general and

special employer shall be the employer for purposes of §§ 28-29-17 and 28-29-18.

     (iv) Effective January 1, 2003, whenever a general employer enters into a contract or

arrangement with a special employer to supply an employee or employees for work, the special

employer shall require an insurer generated insurance coverage certification, on a form prescribed

by the department, demonstrating Rhode Island workers’ compensation and employer’s liability

coverage evidencing that the general employer carries workers’ compensation insurance with that

insurer with no indebtedness for its employees for the term of the contract or arrangement. In the

event that the special employer fails to obtain and maintain at policy renewal and thereafter this

insurer generated insurance coverage certification demonstrating Rhode Island workers’

compensation and employer’s liability coverage from the general employer, the special employer

is deemed to be the employer pursuant to the provisions of this section. Upon the cancellation or

failure to renew, the insurer having written the workers’ compensation and employer’s liability

policy shall notify the certificate holders and the department of the cancellation or failure to renew

and upon notice, the certificate holders shall be deemed to be the employer for the term of the

contract or arrangement unless or until a new certification is obtained.

     (7) “Independent contractor” means a person who has filed a notice of designation as

independent contractor with the director pursuant to § 28-29-17.1 or as otherwise found by the

workers’ compensation court.

     (8)(i) “Injury” means and refers to personal injury to an employee arising out of and in the

course of the employee’s employment, connected and referable to the employment.

     (ii) An injury to an employee while voluntarily participating in a private, group, or

employer-sponsored carpool, vanpool, commuter bus service, or other rideshare program, having

as its sole purpose the mass transportation of employees to and from work shall not be deemed to

have arisen out of and in the course of employment. Nothing in the foregoing provision shall be

held to deny benefits under chapters 29 — 38 and chapter 47 of this title to employees such as

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drivers, mechanics, and others who receive remuneration for their participation in the rideshare

program. Provided, that the foregoing provision shall not bar the right of an employee to recover

against an employer and/or driver for tortious misconduct.

     (9) “Maximum medical improvement” means a point in time when any medically

determinable physical or mental impairment as a result of injury has become stable and when no

further treatment is reasonably expected to materially improve the condition. Neither the need for

future medical maintenance nor the possibility of improvement or deterioration resulting from the

passage of time and not from the ordinary course of the disabling condition, nor the continuation

of a preexisting condition precludes a finding of maximum medical improvement. A finding of

maximum medical improvement by the workers’ compensation court may be reviewed only where

it is established that an employee’s condition has substantially deteriorated or improved.

     (10) “Physician” means medical doctor, surgeon, dentist, licensed psychologist,

chiropractor, osteopath, podiatrist, or optometrist, as the case may be.

     (11) “Suitable alternative employment” means employment or an actual offer of

employment that the employee is physically able to perform and will not exacerbate the employee’s

health condition and that bears a reasonable relationship to the employee’s qualifications,

background, education, and training. The employee’s age alone shall not be considered in

determining the suitableness of the alternative employment.

     SECTION 2. Sections 28-33-5 and 28-33-41 of the General Laws in Chapter 28-33 entitled

"Workers’ Compensation — Benefits" are hereby amended to read as follows:

     28-33-5. Medical services provided by employer.

     The employer shall, subject to the choice of the employee as provided in § 28-33-8,

promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

period as is necessary, in order to cure, rehabilitate, or relieve the employee from the effects of the

employee’s injury. Irrespective of the date of injury, the liability of the employer for hospital

service rendered under this section to the injured employee shall be the cost to the hospital of

rendering the service at the time the service is rendered. The director, after consultations with

representatives of hospitals, employers, and insurance companies, shall establish administrative

procedures regarding the furnishing and filing of data and the time and method of billing and may

accept as representing the costs for both routine and special services to patients, costs as computed

for the federal Medicare program. Each hospital licensed under chapter 17 of title 23 that renders

services to injured employees under the workers’ compensation act, chapters 29 — 38 of this title,

shall submit and certify to the director, in accordance with requirements of the administrative

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procedures established by him or her, its costs for those services. The employer shall also provide

all medical, optical, dental, and surgical appliances and apparatus required to cure or relieve the

employee from the effects of the injury, including, but not limited to, the following: ambulance and

nursing service, eyeglasses, dentures, braces and supports, artificial limbs, crutches, and other

similar appliances; provided, that the employer shall not be liable to pay for or provide hearing aids

or other amplification devices.

     28-33-41. Rehabilitation of injured persons.

     (a)(1) The department and the workers’ compensation court shall expedite the

rehabilitation of and the return to remunerative employment of all employees who are disabled and

injured and who are subject to chapters 29 — 38 of this title.

     (2) Rehabilitation means the prompt provision of appropriate services necessary to restore

an employee who is occupationally injured or diseased to his or her optimum physical, mental,

vocational, and economic usefulness. This may require medical, vocational, and/or reemployment

services to restore an employee who is occupationally disabled as nearly as possible to his or her

pre-injury status. As a procedure, rehabilitation may include three (3) overlapping and interrelated

components:

     (i)(A) Medical restorative services. Medical treatment and related services needed to

restore the employee who is occupationally disabled to a state of health as near as possible to that

which existed prior to the occupational injury or disease. These services may include, but are not

limited to, the following: medical, surgical, hospital, nursing services, attendant care, chiropractic

care, physical therapy, occupational therapy, medicines, prostheses, orthoses, other physical

rehabilitation services, including psychosocial services, and reasonable travel expenses incurred in

procuring the services.

     (B)(I) Treatment by spiritual means. Nothing in this chapter shall be construed to require

an employee who, in good faith relies on or is treated by prayer or spiritual means by a duly

accredited practitioner of a well-recognized church, to undergo any medical or surgical treatment,

and weekly compensation benefits may not be suspended or terminated on the grounds that the

employee refuses to accept recommended medical or surgical benefits. The employee shall submit

to all physical examinations as required by chapters 29 — 38 of this title.

     (II) However, a private employer, insurer, self-insurer, or group self-insurer may pay or

reimburse an employee for any costs associated with treatment by prayer or spiritual means.

     (ii) Vocational restorative services. Vocational services needed to return the employee

with a disability to his or her pre-injury employment or, if that is not possible, to a state of

employability in suitable alternative employment. These services may include, but are not limited

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to, the following: psychological and vocational evaluations, counseling, and training.

     (iii) Reemployment services. Services used to return the employee who is occupationally

disabled to suitable, remunerative employment as adjudged by his or her functional and vocational

ability at that time.

     (b)(1) Any employer or any injured employee with total disability or permanent partial

disability to whom the insurance carrier or certificated employer has paid compensation for a period

of three (3) months or more, and to whom compensation is still being paid, or his or her employer

or insurer may file a petition with the workers’ compensation court requesting approval of a

rehabilitation program or may mutually agree to a rehabilitation program. Determinations shall be

rendered by the workers’ compensation court in accordance with this section and as provided in

chapters 29 — 38 of this title and the rules of practice of the Rhode Island workers’ compensation

court.

     (2) Action shall be taken as in the judgment of the workers’ compensation court shall seem

practicable and likely to speed the recovery and rehabilitation of injured workers. However,

rehabilitative services shall be appropriate to the needs and capabilities of injured workers.

     (c) Compensation payments shall not be diminished or terminated while the employee is

participating in a rehabilitation program approved by the workers’ compensation court or agreed to

by the parties. Provided, that compensation payments shall be suspended while an injured employee

willfully refuses to participate in a rehabilitation program approved by the workers’ compensation

court or agreed to by the parties. When the employee has completed an approved rehabilitation

program, the rehabilitation provider shall recommend, in the instance of vocational rehabilitation,

an earnings capacity, or in the instance of physical rehabilitation provided or prescribed by a

physician, a degree of functional impairment, and the employee shall be referred to the court for an

earnings capacity adjustment to benefits, unless the employee has returned to gainful employment.

     (d) The employer shall bear the expense of rehabilitative services agreed to or ordered

pursuant to this section. If those rehabilitative services require residence at or near or travel to a

rehabilitative facility, the employer shall pay the employee’s reasonable expense for board, lodging,

and/or travel. The reasonable cost of transportation on or after July 1, 2016, is the rate equal to the

per-mile rate allowed by the Internal Revenue Service for use of a privately owned automobile for

business miles driven, as from time to time amended, for a private motor vehicle or the reasonable

cost incurred for transportation, from the employee’s point of departure, whether from the

employee’s home or place of employment, and return. Expense reimbursement requests shall be

submitted no more frequently than one per thirty (30) day period if applicable.

     (e) Except for the provisions of this section, the provisions of § 28-33-8 shall remain in

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full force and effect.

     (f) For the purposes of this section, the director shall promulgate rules and regulations

pursuant to chapter 35 of title 42 for certifying rehabilitation providers, evaluators, and counselors,

and the director shall maintain a registry of those persons so certified. No plan of rehabilitation

requiring the services of a rehabilitation counselor shall be approved by the workers’ compensation

court or agreed to by the parties unless the counselor is certified by the director. Any requests for

approval of a rehabilitation plan pending before the director prior to September 1, 2000, will remain

at the department for determination. All requests after this date will be heard by the workers’

compensation court.

     SECTION 3. Section 28-35-5 of the General Laws in Chapter 28-35 entitled "Workers’

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

     28-35-5. Appeals from memorandum of agreement.

     Any employer or insurer who or that has made payment to an injured employee or those

entitled to compensation on account of the death of an employee which payment has been procured

by fraud, coercion, or mutual mistake of fact; or any injured employee or those entitled to

compensation on account of the death of an employee who has been aggrieved by a memorandum

of agreement in that it: (1) Fails to correctly diagnose the injury; (2) Fails to set out correctly all

the injuries received by the injured employee, including any injuries caused by or flowing from the

original injury; (3) Fails to set out all parts of the body affected by injuries; (4) Fails to correctly

set the rate of compensation; or (5) In any other way is affected by error; upon petition to the court

setting forth all the additional facts, filed by the aggrieved party and served in the same manner as

is provided for in chapters 29 — 38 of this title, the workers’ compensation court shall hear any

and all those matters and make their decision in accordance with those chapters.

     SECTION 4. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

     45-19-1. Salary payment during line of duty illness or injury.

     (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever

any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially

incapacitated by reason of injuries received or sickness contracted in the performance of their duties

or due to their rendering of emergency assistance within the physical boundaries of the state of

Rhode Island at any occurrence involving the protection or rescue of human life which necessitates

that they respond in a professional capacity when they would normally be considered by their

employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island, or

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Rhode Island airport corporation by which the police officer, firefighter, crash rescue crewperson,

fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period

of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire marshal, chief

deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police

officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire

marshal, would be entitled had he or she not been incapacitated, and shall pay the medical, surgical,

dental, optical, or other attendance, or treatment, nurses, and hospital services, medicines, crutches,

and apparatus for the necessary period, except that if any city, town, fire district, the state of Rhode

Island, or Rhode Island airport corporation provides the police officer, firefighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage

for the related treatment, services, or equipment, then the city, town, fire district, the state of Rhode

Island, or Rhode Island airport corporation is only obligated to pay the difference between the

maximum amount allowable under the insurance coverage and the actual cost of the treatment,

service, or equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or

Rhode Island airport corporation shall pay all similar expenses incurred by a member who has been

placed on a disability pension and suffers a recurrence of the injury or illness that dictated his or

her disability retirement, subject to the provisions of subsection (j) herein.

     (2) A police officer or firefighter diagnosed with post-traumatic stress disorder (as

described in the Diagnostic and Statistical Manual of Mental Disorders, current edition, published

by the American Psychiatric Association) by an individual who holds the title of an independent

licensed mental health professional with a master’s degree, related to the exposure of potentially

traumatic events, resulting from their acting within the course of their employment or from the

rendering of emergency assistance in the state of Rhode Island, at any occurrence involving the

protection or the rescue of human life while off-duty, as set forth in subsection (h) of this section,

shall be presumed to have sustained an injury in the line of duty, as that term is used in subsection

(a)(1) of this section, unless the contrary is proven by a fair preponderance of the evidence that the

post-traumatic stress injury/PTSD is not related to their job as a police officer or firefighter. The

benefits provided for under this section shall not be extended to a police officer or firefighter, if

their post-traumatic stress injury/PTSD diagnosis arises out of any disciplinary action, work

evaluation, job transfer, layoff, demotion, termination, or similar adverse job actions.

     (b) As used in this section, “police officer” means and includes any chief or other member

of the police department of any city or town regularly employed at a fixed salary or wage and any

deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

environmental police officer or criminal investigator of the department of environmental

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management, or airport police officer.

     (c) As used in this section, “firefighter” means and includes any chief or other member of

the fire department or rescue personnel of any city, town, or fire district, and any person employed

as a member of the fire department of the town of North Smithfield, or fire department or district

in any city or town.

     (d) As used in this section, “crash rescue crewperson” means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

     (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire

marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title, shall

be subject to the provisions of chapters 29 — 38 of title 28 for case management procedures and

dispute resolution by the workers’ compensation court, for all petitions filed on or after July 1,

2025, for the following benefit and disability determinations:

     (1) All disputes concerning original liability on matters filed pursuant to this section.

     (1)(2) The nature and status of disability of the injured employee;

     (2)(3) The nature and location of injury relative to the work incident;

     (3)(4) Maximum medical improvement (MMI), as it is defined under § 28-33-2(9) 28-29-

2(9);

     (4)(5) All issues of legal and/or medical causation; and

     (5)(6) The assignment of fees and costs pursuant to the provisions of § 28-35-32.

     The court may, in its discretion, appoint an impartial medical examiner in accordance with

§ 28-33-35. The court shall hereby be empowered to enforce all of its orders, decrees, and consent

agreements of the parties.

     (g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to their employer that they had reasonable grounds to believe that there was

an emergency that required an immediate need for their assistance for the protection or rescue of

human life.

     (h) Any claims to the benefits provided for under this section resulting from the rendering

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

rescue of human life while off-duty, shall first require those covered by this section to submit a

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sworn declaration to their employer attesting to the date, time, place, and nature of the event

involving the protection or rescue of human life causing the professional assistance to be rendered

and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

declarations shall also be required from any available witness to the alleged emergency involving

the protection or rescue of human life.

     (i) All declarations required under this section shall contain the following language:

     “Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein are

true and correct.”

     (j) Any person, not employed by the state of Rhode Island, receiving injured-on-duty

benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for

accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an

accidental disability retirement allowance from the state retirement board not later than the later of

eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-

duty status or sixty (60) days from the date on which the treating physician certifies that the person

has reached maximum medical improvement. Nothing herein shall be construed to limit or alter

any and all rights of the parties with respect to independent medical examination or otherwise, as

set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any

person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose

permanent nature is readily obvious and ascertainable shall be required to apply for an accidental

disability retirement allowance within sixty (60) days from the date on which the treating physician

certifies that the person’s injury is permanent, or sixty (60) days from the date on which the

determination of permanency is made in accordance with the independent medical examination

procedures as set forth in the applicable collective bargaining agreement.

     (1) If a person with injured-on-duty status fails to apply for an accidental disability

retirement allowance from the state retirement board within the time frame set forth above, that

person’s injured-on-duty payment shall terminate. Further, any person suffering a static and

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (j) shall have their injured-on-duty payment

terminated.

     (2) A person who so applies shall continue to receive injured-on-duty payments, and the

right to continue to receive IOD payments of a person who so applies shall terminate in the event

of a final ruling of the workers’ compensation court allowing accidental disability benefits. Nothing

herein shall be construed to limit or alter any and all rights of the parties with respect to independent

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medical examination or otherwise, as set forth in the applicable collective bargaining agreement.

     (k) Any person employed by the state of Rhode Island who is currently receiving injured-

on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled

to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state

retirement board for accidental retirement disability, shall apply for an accidental disability

retirement allowance from the state retirement board the later of eighteen (18) months after the date

of the person’s injury that resulted in the person’s injured-on-duty status or sixty (60) days from

the date on which the treating physician certifies that the person has reached maximum medical

improvement. Nothing herein shall be construed to limit or alter any and all rights of the parties

with respect to independent medical examination or otherwise, as set forth in the applicable

collective bargaining agreement. Notwithstanding the forgoing, any person receiving injured-on-

duty benefits as the result of a static and incapacitating injury whose permanent nature is readily

obvious and ascertainable shall be required to apply for an accidental disability retirement

allowance within sixty (60) days from the date on which a treating physician or an independent

medical examiner certifies that the person’s injury is permanent, or sixty (60) days from the date

on which such determination of permanency is made in accordance with the independent medical

examination procedures as set forth in the applicable collective bargaining agreement.

     (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to

apply for an accidental disability retirement allowance from the state retirement board within the

time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate.

Further, any person employed by the state of Rhode Island suffering a static and incapacitating

injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit

allowance as set forth in subsection (k) shall have his or her injured-on-duty payment terminated.

     (2) A person employed by the state of Rhode Island who so applies shall continue to receive

injured-on-duty payments, and the right to continue to receive injured-on-duty payments of a

person who so applies shall terminate upon final adjudication by the state retirement board

approving or denying either ordinary or accidental disability payments and, notwithstanding § 45-

31.2-9, this termination of injured-on-duty benefits shall not be stayed.

     (3)(i) Notwithstanding any other provision of law, all persons employed by the state of

Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who

have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18)

months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply

for an accidental disability retirement benefit allowance. Any person employed by the state of

Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of

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July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen

(18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided

however, said person shall have a minimum of ninety (90) days to apply.

     Applications for disability retirement received by the state retirement board by any person

employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed

untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an

accidental disability retirement benefit allowance. Failure to apply for an accidental disability

retirement benefit allowance within the timeframe set forth herein shall result in the termination of

injured-on-duty benefits.

     (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments

who has been issued a final adjudication of the state retirement board on an application for an

ordinary or accidental disability benefit, either approving or denying the application, shall have his

or her injured-on-duty payments terminated.

     (4) If awarded an accidental disability pension, any person employed by the state of Rhode

Island covered under this section shall receive benefits consistent with § 36-10-15.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--

GENERAL PROVISIONS

***

     This act would amend various sections of the workers' compensation statute relative to the

court's jurisdiction, the court's authority to determine certain issues relative to claims, and the

authority to determine the status of certain officer's injuries, reimbursement expenses, and would

provide certain employees with a reimbursement for hearing aids.

     This act would take effect upon passage.

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