Rhode Island General Laws
Chapter 28-35 - Workers’ Compensation — Procedure
Section 28-35-5. - Appeals from memorandum of agreement.

§ 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; (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.
History of Section.P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L. 1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch. 2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272, § 1; P.L. 1954, ch. 3297, § 1; P.L. 1956, ch. 3803, § 1; G.L. 1956, § 28-35-5; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5.

Structure Rhode Island General Laws

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 - [Repealed.]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 28-35-9. - Payment of weekly benefits — Admission of entitlement to compensation — Payment of compensation without agreement.

Section 28-35-10. - Duplicates of documents furnished to employee — Inadmissibility of documents when copies not furnished.

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.

Section 28-35-62. - Reproduction of documents.

Section 28-35-63. - Representation of employers.