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A Practical Guide to Workers' Compensation in Rhode Island
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Product Number: 2120368B00
Publication Date: 9/29/2011
Edition: 1st Edition 2011
Copyright: © 2011 MCLE, Inc.
Update service: Supplemented regularly.
Formats: Print Book    add to cart | add to Favorites
392 pages in 1 volume (Looseleaf) with Forms on Disc
$165.00; $150.00 MCLE Sponsor Member
eBook    add to cart | add to Favorites
EPUB, MOBI, or PDF
$165.00; $150.00 MCLE Sponsor Member
Features...
  • Practical advice from seasoned workers' compensation practitioners
  • Guidance from the chief justice of the Workers' Compensation Court
  • Useful sample documents
  • Citations to and discussions of key decisions of the Appellate Division of the Workers' Compensation Court

Product description

A Practical Guide to Workers' Compensation in Rhode Island is your step-by-step guide to the intricacies of practice in the workers' compensation arena. A valuable resource for practitioners who represent injured employees as well as those who represent employers, this manual will help answer a multitude of questions: Is your employee-client eligible for workers' compensation? Is his or her injury covered? What documents must employer's counsel exchange with employee's counsel before trial before the Workers' Compensation Court? How does workers' compensation interact with other state and federal laws that provide benefits to injured persons?

Table of Contents

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Chapter 1 - Employees and Employers Covered by the Rhode Island Workers’ Compensation Act (Buy Chapter)
Jeffrey M. Liptrot, Esq., Morrison Mahoney LLP
Lauren Motola-Davis, Esq., Morrison Mahoney LLP
Introduction
Employees and Jurisdiction
Seasonal Employees
Casual Employees and Volunteers
Corporate Officers and Shareholders
Independent Contractors
Employees Excluded by Statute
Domestic Servers, Farmers, and Farm Laborers
Municipal Employees
Police and Fire Department Employees
Employee Immigration Status
Election of Common Law Remedies
Employers Exempt from Coverage
Farmers and Agricultural Employers
General and Special Employers
Employer Failure to Maintain Insurance
Rhode Island Uninsured Employer's Fund
Chapter 2 - Covered Injuries in Rhode Island Workers' Compensation Cases (Buy Chapter)
Francis T. Connor, Esq., Law Offices of Francis T. Connor
Introduction
Nexus and Causation
Actual-Risk Doctrine
Nexus or Causal Relationship
Proximate Cause Inapplicable
Nexus/Causation Test
First and Second Prongs-Period of Employment and Place of Injury
Third Prong-Performance of Duties (Activity)
Social Activities
Van Pool
On-Call Employees
Flow-From Injuries
Occupational Diseases
Occupational Diseases Generally
Stress-Related Cases
Mental-Mental Injuries
Mental-Physical Injuries
Physical-Mental Injuries
Defenses to Causation
Intentional Act and Intoxication
Idiopathic Injuries
Going and Coming Rule
Deviation from Employment
Horseplay and Fighting
Horseplay
Fighting
Chapter 3 - Defining Disability in Rhode Island Workers' Compensation Cases (Buy Chapter)
Carl J. Asprinio, Esq., Martinous Law Associates
Introduction
Loss of Earning Capacity
Involuntary Leave from Employment
Voluntary Leave from Employment or Retirement
Total Disability
Permanent Total Disability
Odd Lot Doctrine
Partial Disability
Aggravation or Recurrence
Chapter 4 - Indemnity and Medical Benefits in Rhode Island Workers' Compensation Cases (Buy Chapter)
George E. Furtado, Esq., Langlois, Wilkins, Furtado & Metcalf, P.C.
Earl E. Metcalf, Esq., Langlois, Wilkins, Furtado & Metcalf, P.C.
Introduction
Weekly Indemnity Benefits
Wage Replacement for Loss of Earning Capacity
Total Versus Partial Incapacity
Average Weekly Wage
Seasonal
Recurrence
Aggravation Versus Recurrence
Duration of Benefits
Maximum Medical Improvement
The Gate-312-Week Limit on Partial Weekly Indemnity Benefits
Death Benefits
Apportionment in Occupational Disease
Medical Benefits
Palliative Care
Authorization for Surgery
Payment for Injured Employee's Treatment
Preferred Provider Network
Vocational Rehabilitation
Notice by Provider
Twenty-One-Day Demands
Protocols
Medical Advisory Board Fee Schedule
Health-Care Confidentiality
Conclusion
Exhibit 4E - Full-Time Wage Statement Example (Buy Form)
Exhibit 4F - Form MAB06, Rehabilitation Provider’s Request for Additional Authorization for Treatment (Buy Form)
Exhibit 4A - Form DWC-50, Itemized Statement of Compensation (Buy Form)
Exhibit 4B - Maximum Weekly Compensation Rates (Buy Form)
Exhibit 4C - Cost of Living Rate Increases (Buy Form)
Exhibit 4D - Form DWC-03F, Wage Statements, Tips, and Purpose (Buy Form)
Chapter 5 - Other Benefits Rehabilitation, Specific Compensation, and Reinstatement in Rhode Island Workers' Compensation Cases (Buy Chapter)
John M. Harnett, Esq., Lovett, Schefrin, Gallogly & Harnett
Introduction
Medical Rehabilitation of Injured Worker
Vocational Rehabilitation
Postrehabilitation Earning Capacity Adjustment
Specific Compensation and Loss of Use
Specific Compensation and Disfigurement
Statute of Limitations
Right to Reinstatement
Postreinstatement Discharge
Questions Regarding Reinstatement
Exhibit 5A - Selected Cases (Buy Form)
Exhibit 5B - Form DWC-24, Mutual Agreement (Buy Form)
Exhibit 5C - Form DWC-52, Report of Specific Payment (Buy Form)
Chapter 6 - Reduction and Discontinuance of Benefits in Rhode Island Workers' Compensation Cases (Buy Chapter)
Michael T. F. Wallor, Esq., Hanson Curran LLP
Return to Work-Duty to Report Wages
Return to Work at Wages Equal to or in Excess of Average Weekly Wage
Suitable Alternative Employment
Maximum Medical Improvement
Retirement
Reduction from Total to Partial Disability
End of Incapacity
Earnings Capacity
Fraud
Unilateral Reduction or Discontinuance of Benefits
Circumstances Where Unilateral Reduction or Discontinuance Not Allowed
Circumstances Where Unilateral Reduction or Discontinuance Allowed
Chapter 7 - Practice and Procedure Before the Rhode Island Workers’ Compensation Court: Employee’s Perspective (Buy Chapter)
Alfredo T. Conte, Esq., Coia & Lepore, Ltd
Introduction
Jurisdiction
Filing a Petition-How, When, and Which Petition Do I File?
Original Petition
Employee's Petition to Review
Employee's Petition To Enforce
Ex Parte Request for Permission for Major Surgery
Pretrial Conferences
Initial Hearing
Trial of Original Petition
After Trial, Is Your Client Entitled to Interest?
Attorney Fees
Court-Appointed Medical Examinations and Health-Care Review Teams
Res Judicata and the Seamless Robe Doctrine
Seamless Robe Doctrine
Interlocutory Orders
Exhibit 7A - Petition to Enforce (Buy Form)
Exhibit 7B - Notice of Contest (Buy Form)
Chapter 8 - Practice and Procedure Before the Rhode Island Workers’ Compensation Court: Employer’s Perspective (Buy Chapter)
Susan P. Fay, Esq., Higgins, Cavanagh & Cooney LLP
James T. Hornstein, Esq., Higgins, Cavanagh & Cooney LLP
Jurisdiction
Initiating Litigation in the Rhode Island Workers' Compensation Court
Pretrial Conference
Initial Hearing
Discovery
Trial
Chapter 9 - Representing the Employee from Initial Intake to Trial and Appeal in Rhode Island Workers' Compensation Cases (Buy Chapter)
Michael St. Pierre, Esq., Revens, Revens & St. Pierre, PC
Preliminary Considerations
Initial Client Interview
Medical Records
Department of Labor Forms
Time Frame
Attorney Fees and Costs
Client's Entitlement to Benefits Other than Compensation
Facts and Circumstances of the Injury
The Issue of Prior Injuries or Disability
Are There Any Third-Party Claims?
Multiple and Secondary Employment
Dependency
Use of Surveillance
Independent Medical Examinations
What to Expect at the Pretrial Conference
Exhibit 9A - Form DWC-50, Itemized Statement of Compensation (Buy Form)
Exhibit 9B - Form DWC-20, Non-Prejudicial Agreement (Buy Form)
Chapter 10 - Representing the Employer from Report of Claim to Trial and Appeal in Rhode Island Workers' Compensation Cases (Buy Chapter)
Berndt W. Anderson, Esq., Law Office of Michael D. Lynch
The Initial Contact
The Named Party
Initial Court Filings
Pretrial Exchange of Documents
Pretrial Conference
Impartial Medical Examiners
Discovery
Depositions of Treating Physicians, Examining Physicians, and Other Experts
Use of Surveillance
Initial Hearing
Trial
Appeal to the Appellate Division
Review by the Supreme Court
Which Carrier Extends Coverage
Date of Incident Versus Date of Incapacity
Aggravation Versus Recurrence
Successive Employers
Existence of Insurance Coverage for the Claim
Was an Insurance Policy Issued?
Has the Employer's Conduct Voided Coverage?
Does the Policy Cover the Claim Asserted?
R.I.G.L. § 28-33-44-Health Insurance Benefits
R.I.G.L. § 28-33-47-Reinstatement with Reasonable Accommodation
R.I.G.L. § 28-33-22-Employment of a Minor
Settlements
Commutations
Denial and Dismissal Settlements
Chapter 11 - Third-Party Claims in Rhode Island Workers' Compensation Cases (Buy Chapter)
Michael S. Schwartz, Esq., Mandell, Boisclair, & Schwartz, Ltd
The Exclusivity Doctrine
Contractual Indemnification
Third-Party Claims Under Prior Law
The Statute-R.I.G.L. § 28-35-58
Calculation of the Employee's Weekly Compensation Holiday Period
What Comprises the Insurance Carrier's Workers' Compensation Lien?
Tips for Working with a Workers' Compensation Insurance Carrier
Receipt of Specific Compensation Following the Settlement of a Third-Party Claim
Application of R.I.G.L. § 28-35-58 to a Medical Malpractice Claim
Attorney Actions that Will Prevent the Reduction of the Workers' Compensation Lien
Is an Agreement for Repayment with the Carrier Necessary in Order for an Injured Employee to Pursue a Third-Party Action?
Other Third-Party Action Cases
Exhibit 11A - R.I.G.L. § 28-29-20 (Buy Form)
Exhibit 11B - R.I.G.L. § 6-34-1 (Buy Form)
Exhibit 11C - R.I.G.L. § 28-35-58 (Buy Form)
Exhibit 11D - R.I.G.L. § 9-19-34.1 (Buy Form)
Chapter 12 - The Longshore and Harbor Workers’ Compensation Act Comparison and Interaction with the Rhode Island Workers’ Compensation Act (Buy Chapter)
Michael S. Schwartz, Esq., Mandell, Boisclair, & Schwartz, Ltd
Introduction
History and Origins of the Longshore Act
Jurisdiction
Employees and Claims Covered
Credit Rights
Compensability
Presumptions
Aggravation Rule
Procedure
Procedural Differences Between the Longshore Act and the Rhode Island Act
Notice of Claim and the Statute of Limitations
Benefits
Medical Care and Treatment
Weekly Benefits
Disfigurement
Permanent Partial Disability
Rehabilitation
Death Benefits
Settlements
Attorney Fees
Occupational Diseases
Conclusion
Chapter 13 - Interaction Between Rhode Island Workers’ Compensation and Social Security Disability Benefits (Buy Chapter)
Donna Nesselbush, Esq., Marasco & Nesselbush
The Basics of Social Security Disability
Disability Determination
Sources of Law
Eligibility to Apply for Social Security Disability Insurance Benefits: SSDI Versus SSI
Social Security Disability Insurance Benefits
Payment of Benefits
Definitions
Disability
Onset of Disability
Date of Entitlement (DOE)
Date of Medicare Entitlement
Date of Medicaid Entitlement
Date Last Insured (DLI)
Unsuccessful Work Attempt (UWA)
Exertional Requirements of Work
Sedentary Work
Light Work
Medium Work
Heavy Work
Very Heavy Work
Primary Insurance Amount (PIA)
Average Current Earnings (ACE)
Offset
Social Security Disability and Workers' Compensation: When to Apply
Lump-Sum Settlements or Denial and Dismissal
Medicare Set-Asides and Lump-Sum Settlements
Duration of Disability
The Possible Loss of Insured Status for Social Security Disability Insurance Claimants
Medical Insurance Considerations
The GRIDs
Social Security Disability and Workers' Compensation: The Offset
Lump-Sum Settlement Agreements and the Offset Provisions
Lump-Sum Settlement Agreement-Example No. 1
Lump-Sum Settlement Agreement-Example No. 2
Relevant Case Law
Avery v. Astrue, 602 F. Supp. 2d 266 (D. Mass. 2009)
Davidson v. Sullivan, 942 F.2d 90 (1st Cir. 1991)
Excludable Expenses
Attorney Fees
Medical Bills
When Does Offset Cease?
Taxes and Social Security Disability Benefits
Single Persons
Couples
Workers' Compensation Tax Ramifications
Early Retirement and Social Security Benefits and Disability Benefits
The Effect of a Third-Party Settlement on Offset
Past Weekly Benefits
Exhibit 13A - References and Resources (Buy Form)
Exhibit 13B - Department of the Treasury Letter (April 23, 2009) (Buy Form)
Chapter 14 - Interaction Between the Rhode Island Workers’ Compensation Act and Other Disability and Employment Benefit Laws (Buy Chapter)
Steven A. Minicucci, Esq., Calvino Law Associates
Introduction
Temporary Disability Insurance and Workers' Compensation Benefits
Unemployment Compensation and Workers' Compensation Benefits
State/Municipal Disability Retirement Benefits and Workers' Compensation Benefits
Long-Term Disability Policies and Workers' Compensation Benefits
Chapter 15 - View from the Bench in Rhode Island Workers' Compensation Cases (Buy Chapter)
General Considerations
The Attorney's Role Before the Court
An Overview of the Litigation Process
The Pretrial Conference
Constitutionality of the Pretrial Process
Trial
Depositions
Decisions
Appeals
Settlement Conference
Appellate Decision and Appeal to the Rhode Island Supreme Court
Settlements
Counsel Fees in Settled Cases
The Impact of Social Security on Settlements
Settlements Without the Admission of Liability
Attorney Fees
Counsel Fees in Claims for Loss of Function and Disfigurement

Author(s)

Gary J. Levine, Esq., Homonoff, Levine, & Pulner, Providence, RI
 
Product Number: 2120368B00
Publication Date: 9/29/2011
Edition: 1st Edition 2011
Copyright: © 2011 MCLE, Inc.
Update service: Supplemented regularly.
Formats: Print Book    add to cart | add to Favorites
392 pages in 1 volume (Looseleaf) with Forms on Disc
$165.00; $150.00 MCLE Sponsor Member
eBook    add to cart | add to Favorites
EPUB, MOBI, or PDF
$165.00; $150.00 MCLE Sponsor Member