§ 28-35-45. Review and modification of decrees.
(a) At any time after the date of the approval of any agreement or at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased under the agreement or decree, within ten (10) years after that, any agreement, award, order, finding, or decree may be from time to time reviewed by the workers’ compensation court, upon its own motion or upon a petition of either party upon forms prescribed by the court, after due notice to the interested parties:
(1) Upon the ground that the:
(i) Incapacity of the injured employee has diminished, ended, increased, or returned;
(ii) Employee has recovered from the effects of his or her work-related injury and is disabled only as a result of a preexisting condition;
(iii) Employee is able to return to the same work he or she performed at the time of his or her injury;
(iv) Employee has refused an offer of suitable employment; or
(v) Weekly compensation payments have been based upon an erroneous average weekly wage; or
(2) Regarding any other obligation established under chapters 29 — 38 of this title.
(b) Upon this review, the workers’ compensation court may decrease, suspend, increase, commence, or recommence compensation payments in accordance with the facts, or make any other order that the justice of the case may require. No review shall affect the agreement, award, order, finding, or decree as regards money already paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and except that if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of injury, and any payments made prior thereto in excess of the decreased rate shall be deducted from any unpaid compensation, in the manner and by the methods that may be determined by the workers’ compensation court.
(c) Relief on review shall not be denied an employee or granted an employer or his or her insurer on the grounds that the employee is incapacitated by an injury or disease that is different from the one for which the employee was paid compensation if the injury or disease incapacitating the employee results from an injury or disease for which the employee was paid compensation.
History of Section.P.L. 1912, ch. 831, art. 3, § 14; P.L. 1921, ch. 2095, § 8; G.L. 1923, ch. 92, art. 3, § 13; P.L. 1935, ch. 2204, § 1; P.L. 1936, ch. 2290, § 13; G.L. 1938, ch. 300, art. 3, § 13; P.L. 1941, ch. 1064, § 1; P.L. 1949, ch. 2274, § 1; G.L. 1949, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-45; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, § 13; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6.
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.