(a)  If the employer makes payments of compensation to an employee or those entitled to compensation on account of the death of an employee under chapters 29 — 38 of this title, a memorandum of that agreement signed by the employer or the employer’s insurer shall be filed with the department which shall immediately docket it in a book kept for that purpose.

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Terms Used In Rhode Island General Laws 28-35-1

  • Decedent: A deceased person.
  • Department: means the department of labor and training. See Rhode Island General Laws 28-29-2
  • Director: means the director of labor and training or his or her designee unless specifically stated otherwise. See Rhode Island General Laws 28-29-2
  • Docket: A log containing brief entries of court proceedings.
  • 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. See Rhode Island General Laws 28-29-2
  • 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. See Rhode Island General Laws 28-29-2

(b)  The memorandum shall include:

(1)  The names of the employee, employer, and insurance carrier;

(2)  The date, place, nature, and location of the injury on the employee’s body;

(3)  The names of the employee’s other employers, if any, or a statement that there is no multiple employment, if that is the case;

(4)  The rate upon which the compensation is based;

(5)  Any other information required by the director; and

(6)  The average weekly straight time earnings earned by the employee for the thirteen (13) weeks prior to injury and the amount of overtime pay included in calculating the employee’s average weekly wage.

(c)  The employer shall send a copy of the memorandum and any amendments to it to the employee and his or her attorney or the representative of the decedent and its attorney either with the payment of compensation made under § 28-35-40 or by certified mail, return receipt requested, at the same time as it is filed with the department.

(d)  The employer shall file a memorandum pursuant to this section within ten (10) days of the initial payment by the employer or insurer.

(e)  Upon the filing of the memorandum of agreement with the department, the memorandum shall be as binding on the party filing the memorandum as a preliminary determination, order, or decree.

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; G.L. 1956, § 28-35-1; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1985, ch. 365, § 8; P.L. 1986, ch. 507, § 9; P.L. 1988, ch. 452, § 1; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1998, ch. 105, § 3; P.L. 1998, ch. 404, § 3; P.L. 2000, ch. 491, § 5.