Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 28-35-32
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.