§ 28-33-18.3 Continuation of benefits– Partial incapacity. – (a) For all injuries occurring on or after September 1, 1990, in those caseswhere the employee has received a notice of intention to terminate partialincapacity benefits pursuant to § 28-33-18, the employee or his or herduly authorized representative may file with the workers' compensation court apetition for continuation of benefits on forms prescribed by the workers'compensation court. In any proceeding before the workers' compensation court ona petition for continuation of partial incapacity benefits, where the employeedemonstrates by a fair preponderance of the evidence that his or her partialincapacity poses a material hindrance to obtaining employment suitable to hisor her limitation, partial incapacity benefits shall continue. For injuries onand after July 1, 2010, "material hindrance" is defined to include onlycompensable injuries causing a greater than sixty-five percent (65%) degree offunctional impairment and/or disability. Any period of time for which theemployee has received benefits for total incapacity shall not be included inthe calculation of the three hundred and twelve (312) week period.
(2) The provisions of this subsection apply to all injuriesfrom Sept. 1, 1990, to July 1, 2010.
(b) Where any employee's incapacity is partial and hasextended for more than three hundred and twelve (312) weeks and the employeehas proved an entitlement to continued benefits under subsection (a) of thissection, payments made to these incapacitated employees shall be increasedannually on the tenth (10th) day of May thereafter so long as the employeeremains incapacitated. The increase shall be by an amount equal to the totalpercentage increase in the annual consumer price index, United States cityaverage for urban wage earners and clerical workers, as formulated and computedby the Bureau of Labor Statistics of the United States Department of Labor forthe period of March 1 to February 28 each year.
(2) "Index" as used in this section refers to the consumerprice index, United States city average for urban wage earners and clericalworkers, as that index was formulated and computed by the Bureau of LaborStatistics of the United States Department of Labor.
(3) The annual increase shall be based upon the percentageincrease, if any, in the consumer price index for the month of a given year,over the index for February, the previous year. Thereafter, increases shall bemade on May 10 annually, based upon the percentage increase, if any, in theconsumer price index for the period of March 1 to February 28.
(4) The computations in this section shall be made by thedirector of labor and training and promulgated to insurers and employers makingpayments required by this section. Increases shall be paid by insurers andemployers without further order of the court. If payment payable under thissection is not mailed within fourteen (14) days after the employer or insurerhas been notified by publication in a newspaper of general circulation in thestate it becomes due, there shall be added to the unpaid payment an amountequal to twenty percent (20%) of it, to be paid at the same time as but inaddition to the payment.
(5) This section applies only to payment of weekly indemnitybenefits to employees as described in subdivision (1) of this subsection, anddoes not apply to specific compensation payments for loss of use ordisfigurement or payment of dependency benefits or any other benefits payableunder the Workers' Compensation Act.
(c) No petitions for commutation shall be allowed orentertained in those cases where an employee is receiving benefits pursuant tothis section.
§ 28-33-18.3 Continuation of benefits– Partial incapacity. – (a) For all injuries occurring on or after September 1, 1990, in those caseswhere the employee has received a notice of intention to terminate partialincapacity benefits pursuant to § 28-33-18, the employee or his or herduly authorized representative may file with the workers' compensation court apetition for continuation of benefits on forms prescribed by the workers'compensation court. In any proceeding before the workers' compensation court ona petition for continuation of partial incapacity benefits, where the employeedemonstrates by a fair preponderance of the evidence that his or her partialincapacity poses a material hindrance to obtaining employment suitable to hisor her limitation, partial incapacity benefits shall continue. For injuries onand after July 1, 2010, "material hindrance" is defined to include onlycompensable injuries causing a greater than sixty-five percent (65%) degree offunctional impairment and/or disability. Any period of time for which theemployee has received benefits for total incapacity shall not be included inthe calculation of the three hundred and twelve (312) week period.
(2) The provisions of this subsection apply to all injuriesfrom Sept. 1, 1990, to July 1, 2010.
(b) Where any employee's incapacity is partial and hasextended for more than three hundred and twelve (312) weeks and the employeehas proved an entitlement to continued benefits under subsection (a) of thissection, payments made to these incapacitated employees shall be increasedannually on the tenth (10th) day of May thereafter so long as the employeeremains incapacitated. The increase shall be by an amount equal to the totalpercentage increase in the annual consumer price index, United States cityaverage for urban wage earners and clerical workers, as formulated and computedby the Bureau of Labor Statistics of the United States Department of Labor forthe period of March 1 to February 28 each year.
(2) "Index" as used in this section refers to the consumerprice index, United States city average for urban wage earners and clericalworkers, as that index was formulated and computed by the Bureau of LaborStatistics of the United States Department of Labor.
(3) The annual increase shall be based upon the percentageincrease, if any, in the consumer price index for the month of a given year,over the index for February, the previous year. Thereafter, increases shall bemade on May 10 annually, based upon the percentage increase, if any, in theconsumer price index for the period of March 1 to February 28.
(4) The computations in this section shall be made by thedirector of labor and training and promulgated to insurers and employers makingpayments required by this section. Increases shall be paid by insurers andemployers without further order of the court. If payment payable under thissection is not mailed within fourteen (14) days after the employer or insurerhas been notified by publication in a newspaper of general circulation in thestate it becomes due, there shall be added to the unpaid payment an amountequal to twenty percent (20%) of it, to be paid at the same time as but inaddition to the payment.
(5) This section applies only to payment of weekly indemnitybenefits to employees as described in subdivision (1) of this subsection, anddoes not apply to specific compensation payments for loss of use ordisfigurement or payment of dependency benefits or any other benefits payableunder the Workers' Compensation Act.
(c) No petitions for commutation shall be allowed orentertained in those cases where an employee is receiving benefits pursuant tothis section.
§ 28-33-18.3 Continuation of benefits– Partial incapacity. – (a) For all injuries occurring on or after September 1, 1990, in those caseswhere the employee has received a notice of intention to terminate partialincapacity benefits pursuant to § 28-33-18, the employee or his or herduly authorized representative may file with the workers' compensation court apetition for continuation of benefits on forms prescribed by the workers'compensation court. In any proceeding before the workers' compensation court ona petition for continuation of partial incapacity benefits, where the employeedemonstrates by a fair preponderance of the evidence that his or her partialincapacity poses a material hindrance to obtaining employment suitable to hisor her limitation, partial incapacity benefits shall continue. For injuries onand after July 1, 2010, "material hindrance" is defined to include onlycompensable injuries causing a greater than sixty-five percent (65%) degree offunctional impairment and/or disability. Any period of time for which theemployee has received benefits for total incapacity shall not be included inthe calculation of the three hundred and twelve (312) week period.
(2) The provisions of this subsection apply to all injuriesfrom Sept. 1, 1990, to July 1, 2010.
(b) Where any employee's incapacity is partial and hasextended for more than three hundred and twelve (312) weeks and the employeehas proved an entitlement to continued benefits under subsection (a) of thissection, payments made to these incapacitated employees shall be increasedannually on the tenth (10th) day of May thereafter so long as the employeeremains incapacitated. The increase shall be by an amount equal to the totalpercentage increase in the annual consumer price index, United States cityaverage for urban wage earners and clerical workers, as formulated and computedby the Bureau of Labor Statistics of the United States Department of Labor forthe period of March 1 to February 28 each year.
(2) "Index" as used in this section refers to the consumerprice index, United States city average for urban wage earners and clericalworkers, as that index was formulated and computed by the Bureau of LaborStatistics of the United States Department of Labor.
(3) The annual increase shall be based upon the percentageincrease, if any, in the consumer price index for the month of a given year,over the index for February, the previous year. Thereafter, increases shall bemade on May 10 annually, based upon the percentage increase, if any, in theconsumer price index for the period of March 1 to February 28.
(4) The computations in this section shall be made by thedirector of labor and training and promulgated to insurers and employers makingpayments required by this section. Increases shall be paid by insurers andemployers without further order of the court. If payment payable under thissection is not mailed within fourteen (14) days after the employer or insurerhas been notified by publication in a newspaper of general circulation in thestate it becomes due, there shall be added to the unpaid payment an amountequal to twenty percent (20%) of it, to be paid at the same time as but inaddition to the payment.
(5) This section applies only to payment of weekly indemnitybenefits to employees as described in subdivision (1) of this subsection, anddoes not apply to specific compensation payments for loss of use ordisfigurement or payment of dependency benefits or any other benefits payableunder the Workers' Compensation Act.
(c) No petitions for commutation shall be allowed orentertained in those cases where an employee is receiving benefits pursuant tothis section.
