§ 28-33-18.3. Continuation of benefits — Partial incapacity.
(a)(1) For all injuries occurring on or after September 1, 1990, in those cases where the employee has received a notice of intention to terminate partial-incapacity benefits pursuant to § 28-33-18, the employee, or his or her duly authorized representative, may file with the workers’ compensation court a petition for continuation of benefits on forms prescribed by the workers’ compensation court. In any proceeding before the workers’ compensation court on a petition for continuation of partial-incapacity benefits, where the employee demonstrates by a fair preponderance of the evidence that his or her partial incapacity poses a material hindrance to obtaining employment suitable to his or her limitation, partial-incapacity benefits shall continue. Any period of time for which the employee has received benefits for total incapacity shall not be included in the calculation of the three hundred and twelve-week (312) period.
(2) [Deleted by P.L. 2017, ch. 106, § 1 and P.L. 2017, ch. 266, § 1].
(b)(1) Where any employee’s incapacity is partial and has extended for more than three hundred and twelve (312) weeks and the employee has proved an entitlement to continued benefits under subsection (a), payments made to these incapacitated employees shall be increased annually on the tenth (10th) day of May thereafter so long as the employee remains incapacitated. The increase shall be by an amount equal to the total percentage increase in the annual Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor for the period of March 1 to February 28 each year.
(2) “Index,” as used in this section, refers to the Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as that index was formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor.
(3) The annual increase shall be based upon the percentage increase, if any, in the Consumer Price Index for the month of a given year, over the index for February the previous year. Thereafter, increases shall be made on May 10 annually, based upon the percentage increase, if any, in the Consumer Price Index for the period of March 1 to February 28.
(4) The computations in this section shall be made by the director of labor and training and promulgated to insurers and employers making payments required by this section. Increases shall be paid by insurers and employers without further order of the court. If payment payable under this section is not mailed within fourteen (14) days after the employer or insurer has been notified by publication in a newspaper of general circulation in the state it becomes due, there shall be added to the unpaid payment an amount equal to twenty percent (20%) of it, to be paid at the same time as, but in addition to, the payment.
(5) This section applies only to payment of weekly indemnity benefits to employees as described in subsection (b)(1) and does not apply to specific compensation payments for loss of use or disfigurement or payment of dependency benefits or any other benefits payable under the workers’ compensation act.
(c) No petitions for commutation shall be allowed or entertained in those cases where an employee is receiving benefits pursuant to this section.
History of Section.P.L. 1990, ch. 332, art. 4, § 2; P.L. 1991, ch. 206, § 4; P.L. 1992, ch. 31, § 5; P.L. 1993, ch. 474, § 1; P.L. 1998, ch. 105, § 2; P.L. 1998, ch. 404, § 2; P.L. 1999, ch. 216, § 6; P.L. 1999, ch. 384, § 6; P.L. 2000, ch. 109, § 34; P.L. 2000, ch. 491, § 4; P.L. 2001, ch. 256, § 4; P.L. 2001, ch. 355, § 4; P.L. 2002, ch. 119, § 3; P.L. 2002, ch. 280, § 3; P.L. 2003, ch. 388, § 3; P.L. 2003, ch. 395, § 3; P.L. 2004, ch. 273, § 3; P.L. 2004, ch. 293, § 3; P.L. 2005, ch. 342, § 3; P.L. 2005, ch. 403, § 3; P.L. 2006, ch. 605, § 2; P.L. 2006, ch. 610, § 1; P.L. 2008, ch. 377, § 2; P.L. 2010, ch. 95, § 2; P.L. 2010, ch. 121, § 2; P.L. 2013, ch. 445, § 2; P.L. 2013, ch. 475, § 2; P.L. 2014, ch. 231, § 2; P.L. 2014, ch. 289, § 2; P.L. 2015, ch. 104, § 2; P.L. 2015, ch. 116, § 2; P.L. 2016, ch. 470, § 2; P.L. 2016, ch. 473, § 2; P.L. 2017, ch. 106, § 1; P.L. 2017, ch. 266, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-33 - Workers’ Compensation — Benefits
Section 28-33-1. - Employees entitled to compensation.
Section 28-33-1.1. - [Repealed.]
Section 28-33-2. - Injuries occasioned by willful intent or intoxication.
Section 28-33-2.1. - Injuries occasioned by employer-sponsored social or athletic activities.
Section 28-33-3. - [Repealed.]
Section 28-33-4. - Commencement of compensation.
Section 28-33-5. - Medical services provided by employer.
Section 28-33-6. - Failure to provide or accept medical services.
Section 28-33-7. - Health service provider reimbursement.
Section 28-33-8.1. - Managed care programs.
Section 28-33-9. - Order declaring employer liable for medical services.
Section 28-33-10. - “Dental, hospital, and medical services” defined.
Section 28-33-11. - Notice of hearings — Time of decision.
Section 28-33-12. - Death benefits payable to dependents.
Section 28-33-13. - Persons presumed wholly dependent.
Section 28-33-14. - Determination of dependency — Division of payments among dependents.
Section 28-33-15. - Relationship and dependency required.
Section 28-33-16. - Burial expenses.
Section 28-33-17.1. - Employees not entitled to compensation.
Section 28-33-17.3. - Fraud and abuse.
Section 28-33-18. - Weekly compensation for partial incapacity.
Section 28-33-18.1. - Employees not entitled to compensation for total incapacity.
Section 28-33-18.2. - Suitable alternative employment.
Section 28-33-18.3. - Continuation of benefits — Partial incapacity.
Section 28-33-19. - Additional compensation for specific injuries.
Section 28-33-20. - Computation of earnings.
Section 28-33-21. - Savings or other insurance not to be considered.
Section 28-33-22. - Minors employed in violation of law.
Section 28-33-23. - Persons to whom compensation payable in event of death.
Section 28-33-24. - Cessation of payments on death of employee.
Section 28-33-25. - Settlement for lump sum or structured-type payment.
Section 28-33-25.1. - Settlement of disputed cases.
Section 28-33-26. - Waivers of compensation void.
Section 28-33-27. - Immunity of claims from assignment or liability for debt.
Section 28-33-28. - Priority of claim over debts of employer.
Section 28-33-29. - Exercise of rights or privileges by guardian, conservator, or next friend.
Section 28-33-30. - Time for notice of injury to employer.
Section 28-33-31. - Contents of notice to employer.
Section 28-33-32. - Manner of serving notice.
Section 28-33-33. - Inaccuracies in notice — Want of notice as defense.
Section 28-33-34. - Physical examination by employer’s physician — Report.
Section 28-33-34.1. - Schedule of medical review.
Section 28-33-35. - Appointment of impartial medical examiner.
Section 28-33-36. - Payment of medical examiner’s fees.
Section 28-33-37. - Examination by impartial examiner — Reports.
Section 28-33-38. - Refusal to submit to examination.
Section 28-33-39. - Transportation costs for medical examination.
Section 28-33-40. - [Repealed.]
Section 28-33-41. - Rehabilitation of injured persons.
Section 28-33-41.1. - Review of rehabilitative program upon request or petition by employer.
Section 28-33-42. - [Repealed.]
Section 28-33-43. - Employer liability for property damage.
Section 28-33-44. - Continuation of health insurance benefits.
Section 28-33-45. - Coordination of benefits — Retirement benefits.