§ 28-35-32. Costs — Counsel and witness fees.
Notwithstanding any provisions of law to the contrary, the workers’ compensation court shall be allowed a filing fee of twenty dollars ($20.00) for the filing of a petition under chapters 29 — 38 of this title and a filing fee of twenty-five dollars ($25.00) for the filing of an appeal under § 28-35-28, which sums shall be deposited to provide additional funding to the uninsured employers fund as established by chapter 53 of this title. The workers’ compensation court may charge fees for certified copies of decrees and copies of transcripts. In addition to the fees set forth herein, the workers’ compensation court shall apply a technology surcharge on all petitions and appeals in accordance with § 8-15-11. In proceedings under this chapter, and in proceedings under chapter 37 of this title, costs shall be awarded, including counsel fees and fees for medical and other expert witnesses, including interpreters, to employees who successfully prosecute petitions for compensation; petitions for medical expenses; petitions to amend a preliminary order or memorandum of agreement; and all other employee petitions, except petitions for lump-sum commutation; and to employees who successfully defend, in whole or in part, proceedings seeking to reduce or terminate any and all workers’ compensation benefits; and to medical services providers who successfully prosecute petitions for the payment of medical expenses, except that medical services providers shall not be paid expert witness fees for testimony in support of petitions filed in their behalf. These costs shall be assessed against the employer by a single judge, by an appellate panel, and by the supreme court on appeal consistent with the services rendered before each tribunal and shall be made a part of the decree. No employee’s attorney shall accept any other or additional fees for his services for the particular petition for which the fees are awarded in each tribunal.
History of Section.G.L. 1938, ch. 300, art. 3, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-32; P.L. 1958, ch. 128, § 1; P.L. 1961, ch. 134, § 1; P.L. 1969, ch. 45, § 1; P.L. 1969, ch. 226, § 1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1992, ch. 31, § 13; P.L. 1992, ch. 133, art. 37, § 4; P.L. 1993, ch. 474, § 2; P.L. 1996, ch. 100, art. 43, § 2; P.L. 2007, ch. 509, § 4; P.L. 2014, ch. 34, § 8; P.L. 2014, ch. 42, § 8.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-35 - Workers’ Compensation — Procedure
Section 28-35-1. - Filing of memorandum of agreement.
Section 28-35-2. - Scope of memorandum of agreement with dependents of deceased employee.
Section 28-35-3, 28-35-4. - [Repealed.]
Section 28-35-5. - Appeals from memorandum of agreement.
Section 28-35-6. - Notice of amendments to memorandum of agreement.
Section 28-35-7. - Enforcement of memorandum of agreement.
Section 28-35-7.1. - Suspension agreement and receipt.
Section 28-35-8. - Filing of nonprejudicial memorandum of agreement.
Section 28-35-11. - Questions determined by court.
Section 28-35-12. - Petition for determination of controversy — Contents and filing.
Section 28-35-12.1. - Prompt decision required.
Section 28-35-13. - Insurance commissioner as agent to receive process.
Section 28-35-14. - Copies of petition to respondents.
Section 28-35-15. - Service on parties outside state.
Section 28-35-16. - Filing of answer — Additional parties.
Section 28-35-17. - Notice and conduct of hearings.
Section 28-35-17.1. - Assessment of costs of delay.
Section 28-35-18. - Hearings by compensation agencies of other states or territories.
Section 28-35-19. - Hearing initiated by workers’ compensation court — Petition to enforce.
Section 28-35-20. - Informal pretrial conference.
Section 28-35-21. - Admissibility of medical and wage records.
Section 28-35-22. - Inspection of premises — Examination of wage records — Medical examination.
Section 28-35-23. - Ex parte testimony.
Section 28-35-24. - Examination by or opinion of impartial physician.
Section 28-35-25. - Disobedience of subpoena.
Section 28-35-26. - Appointment of guardian.
Section 28-35-27. - Decision of controversies — Decree.
Section 28-35-28. - Appeal to appellate division.
Section 28-35-28.1. - Reports of hearings — Transcripts.
Section 28-35-29. - Review by supreme court — Procedure.
Section 28-35-30. - Grounds for review by supreme court.
Section 28-35-31. - Transcript on appeal.
Section 28-35-32. - Costs — Counsel and witness fees.
Section 28-35-33. - Finality of decree — Stay of decree.
Section 28-35-34. - Default in appellate procedure.
Section 28-35-35. - [Repealed.]
Section 28-35-36. - Action by supreme court.
Section 28-35-37. - Delay of process for execution of decree.
Section 28-35-38. - Certification of questions to supreme court.
Section 28-35-39. - Payment of compensation.
Section 28-35-40. - Delivery of weekly compensation.
Section 28-35-41. - Time for payment or notification to employee of controverted question.
Section 28-35-42. - Penalty for delinquency in payment.
Section 28-35-43. - Time payments due under order or decree — Penalty for delinquency.
Section 28-35-44. - Monthly or quarterly payments to nonresidents.
Section 28-35-45. - Review and modification of decrees.
Section 28-35-46. - [Repealed.]
Section 28-35-46.1. - Termination of payment — Accounting.
Section 28-35-47. - [Repealed.]
Section 28-35-48. - [Repealed.]
Section 28-35-49. - [Repealed.]
Section 28-35-50. - [Repealed.]
Section 28-35-51. - [Repealed.]
Section 28-35-51.1, 28-35-52. - [Repealed.]
Section 28-35-53. - Payment when due as condition to relief to employer.
Section 28-35-54. - Certification of papers to court.
Section 28-35-55. - Filing day or required act falling on weekend or holiday.
Section 28-35-56. - Effect of death of petitioner.
Section 28-35-57. - Limitation of claims for compensation.
Section 28-35-57.1. - Bar of claims.
Section 28-35-58. - Liability of third person for damages.
Section 28-35-59. - [Repealed.]
Section 28-35-60. - Copies of decisions and decrees to director.
Section 28-35-61. - Decrees procured by fraud.