2025 -- S 1060

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LC002841

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

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

GENERAL PROVISIONS

     Introduced By: Senators Ciccone, Burke, Patalano, Tikoian, and Raptakis

     Date Introduced: May 09, 2025

     Referred To: Senate Labor & Gaming

     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 his or her 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 his/her 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, except for sworn employees of the

Rhode Island state police, or by the Rhode Island airport corporation 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 all case management procedures and dispute resolution for all benefits by the workers'

compensation court for the following benefit and disability determinations:

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

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

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

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

     (E) Suitable alternative employment, and;

     (F) 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.

     (ii)(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.

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

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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.

     (iv)(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.

     (v)(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).

     (vi)(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.

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

is dead, include a reference to his or her dependents as defined in this section, or to his or her legal

representatives, or, where he or she is a minor or incompetent, to his or her conservator or guardian.

     (viii)(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

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

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     (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 his or her 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

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

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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. Section 28-33-13 of the General Laws in Chapter 28-33 entitled "Workers’

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

     28-33-13. Persons presumed wholly dependent.

     The following persons shall be conclusively presumed to be wholly dependent for support

upon a deceased employee:

     (1) A wife upon a husband with whom she lives, or from whom she was living apart for a

justifiable cause, or because he had deserted her, or upon whom she is dependent at the time of his

death. A spouse either residing with the deceased employee or living apart from the deceased

employee for justifiable cause, or a spouse who had been deserted or was dependent on the deceased

employee at the time of the employee's death. The findings of the workers’ compensation court

upon the questions of justifiable cause and desertion shall be final for the purposes of this chapter.

     (2) A husband upon a wife with whom he lives or upon whom he is dependent at the time

of her death.

     (3)(2) A child or children, including adopted and stepchildren, under the age of eighteen

(18) years, or over that age but physically or mentally incapacitated from earning, upon the parent

with whom he or she is or they are living or upon whom he or she is or they are dependent at the

time of the death of that parent, there being no surviving dependent parent. In case there is more

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than one child who is dependent, the compensation hereunder shall be equally divided among them.

     SECTION 3. 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 his or her

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 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

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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

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 all case management procedures and

dispute resolution for all benefits by the workers' compensation court for the following benefit and

disability determinations:

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

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

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

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

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

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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 his or her employer that he or she 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

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.

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     (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 his or her 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

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 not later than sixty (60) days from the date on

which a treating physician or an independent medical examiner certifies that the person has reached

maximum medical improvement, and in any event not later than eighteen (18) months after the date

of the person’s injury that resulted in the person being on injured-on-duty 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

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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

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 4. This act shall take effect on July 1, 2025.

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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

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     This act would clarify the commission's authority to determine the status of an injured-on-

duty officer's disability, the description of their injury, whether maximum medical improvement

(MMI) has been achieved and determine issues of suitable alternative employment, and to award

attorneys' fees and costs after a hearing when applicable to a prevailing injured employee.

Additionally, this act would amend inconsistent language to establish conformity concerning the

correct applicable deadline for applicable accidental disability pension claim.

     This act would take effect on July 1, 2025.

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